Any US law experts here that are willing to lend a hand with quick research?

Page 2 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

Torn Mind

Lifer
Nov 25, 2012
11,767
2,682
136
City attorneys are some of the most predatory people in the world. Trust in government is trusting the city attorney to not attempt to extract every dime out of you or trampling on your rights and making you appeal to clean up the mess.
 

shortylickens

No Lifer
Jul 15, 2003
82,854
17,365
136
Shit. A while ago I would have been able to tell you.

My mother was a paralegal at Cooley-Godward. She went to the supreme court 3 times I think.
 

Torn Mind

Lifer
Nov 25, 2012
11,767
2,682
136
Might take you 6 months to a year for your sleep deprived ass to get a full law school's worth of education to hammer out all the logic involved.....America is a lawyer's paradise because the framer's made it that way.
My law-ignorant self did not underestimate the utter volume, scope, torture legal research is....

But I didn't expect to file my own informal petition for writ of certiorari to the local state supreme court. I'll wait and see if they want to bother taking a look...
 

Red Squirrel

No Lifer
May 24, 2003
67,759
12,286
126
www.anyf.ca
If I recall I sent him random links I found, but not really sure what came of it. He's still fighting his case from what I understand. They made a Netflix series on him but Netflix goofed it up and painted him as the villain, apparently. (I didn't watch it) He has a lot of people on the outside that know the law helping him still so it's not over yet.
 

Torn Mind

Lifer
Nov 25, 2012
11,767
2,682
136
If I recall I sent him random links I found, but not really sure what came of it. He's still fighting his case from what I understand. They made a Netflix series on him but Netflix goofed it up and painted him as the villain, apparently. (I didn't watch it) He has a lot of people on the outside that know the law helping him still so it's not over yet.
I am occupied but I do have Westlaw....

I need to pay for that subscription somehow...:p
 

Torn Mind

Lifer
Nov 25, 2012
11,767
2,682
136
2021 WL 3378024
Only the Westlaw citation is currently available.
UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING.
Superior Court of New Jersey, Appellate Division.
STATE of New Jersey, Plaintiff-Respondent,
v.


Caleb L. MCGILLVARY, Defendant-Appellant.
DOCKET NO. A-4519-18
Submitted May 12, 2021Decided August 4, 2021
On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 16-05-0344.

Attorneys and Law Firms​

Meyerson & O'Neill, attorneys for appellant (Matthew L. Miller, on the briefs).
Gurbir S. Grewal, Attorney General, attorney for respondent (Amanda G. Schwartz, Deputy Attorney General, of counsel and on the briefs).
Appellant filed pro se supplemental briefs.
Before Judges Alvarez and Geiger.

Opinion​

PER CURIAM


*1 Tried by a jury, defendant Caleb McGillvary was convicted of first-degree murder, N.J.S.A. 2C:11-3(a)(1), (2). On May 30, 2019, the court sentenced defendant to fifty-seven years of imprisonment, subject to the No Early Release Act's (NERA) eighty-five percent parole ineligibility. See N.J.S.A. 2C:43-7.2. He appeals by way of counseled and uncounseled briefs, alleging that the court committed prejudicial errors during trial, and that the representation he received was ineffective. We affirm.
The charges against defendant arose from the May 13, 2013 discovery of the victim, Joseph Galfy, Jr., a seventy-four-year-old attorney. Police found Galfy beaten to death, lying face-down on his bedroom floor. Officers collected a variety of items and swabs from the scene, including a one-way train ticket from Rahway to Asbury Park from the day before, Sunday, May 12, 2013. Following that lead, Union County Prosecutor's Office Homicide Task Force Sergeant Johnny Ho located surveillance footage from the New Jersey Transit Rahway station, in which Galfy is seen that morning accompanied by another person, later identified as defendant. The video depicted Galfy purchasing a ticket from a vending machine and handing it to defendant, who then hugged the victim. The two men walked towards a train platform.


State v. McGillvary, No. A-4519-18, 2021 WL 3378024, at *1–4 (N.J. Super. Ct. App. Div. Aug. 4, 2021), cert. denied, 249 N.J. 341, 265 A.3d 1242 (2021), reconsideration denied, 250 N.J. 171, 270 A.3d 1082 (2022), and cert. denied, 142 S. Ct. 1685, 212 L. Ed. 2d 588 (2022)

An unreported opinion. That does make me suspicious there is some hidden garbage they do not want to make "a part of legal history".


However, the subject did happen to damage the "true secret nobility" of the American government. Judges and Attorneys are in essence...enforcers and creators of law. The legal enforces the laws differently depending on status, ability to understand or afford someone who understands a proper appeal process, and the value of the entity to the state and its finances. Those deemed unable to argue well(non attortneys and especially foreign language speakers) are open to rules that are on paper be "not heeded" because tgere is no way for them to argue properly in a legal manner. Basically, anything you see as an appeal ruling is essentially a body count. The parties had to expend much time and and money(and maybe their lives) for the suit to come before whatever Supreme Court exists. Those who can't add themselves to the appeal body count can have the legal system violate them.
Kai falls into the bottom rung of the totem pole. No income, no education at all, has an untrained outlook regarding legal misconduct.

Judges have absolute immunity for bench decisions, essentially allowing them to decided unchecked.
The judiciary is an arm of the State, and thus those who benefit the state the most gain privileges in testimony or the aforementioned procedyral "rule waivers", i.e politicians, lawyers, police, businesses, military( esp. those with a state employee relationship). Thus, the presumption is that the State will prevail unless the evidence is too scandalous to ignore.


One thing Kai does not understand, and most don't, is he still would have been civilly liable to the estate of that lawyer.
The other is that he was condemned by twelve, not one, and from the community, not the internal "friendpotism" of the legal system. Rather, they have their own naive outlook of rendering court decisions. The general public of wherever in NJ this occured do not hold lack of self-control in high regard.

The deceased:
That Galfy was a lawyer alone lends some credibility that Kai may have been manipulated. Lawyers are heavily trained in communication. A non-lawyer is often easily swayed by the communication alone(i.e The Touhy's lawyers in the Michael Oher matter). Lawyers say "what needs to be said to get the appropriate non-response or response" while the layman believes that what is said is what is meant in their heart. There was an apparently amorous hug between them, which the appeal opinion published one of the facts.

One thing I don't know: what was the plea bargain, if any, that was presented to Kai? Even if he wasn't convicted for murder, lesser charges could have still put him in the slammer. The dirt that Kai had put out in his attempt appeal might have reduced his sentence had he taken a bench trial or better, an offered plea bargain. But because he took it to jury trial, that relieves the legal system's agents(attorneys and judges) of worrying about bias because 12 independent minds from the general public rendered judgment, not people in the legal system.
 

MrSquished

Lifer
Jan 14, 2013
21,659
20,034
136
Well if squirrel was trying to support him and Netflix's show pointed him out to be a villain I'm going to have to side with Netflix here. Squirrel makes it too easy.
 
  • Like
Reactions: VirtualLarry

Torn Mind

Lifer
Nov 25, 2012
11,767
2,682
136
Well if squirrel was trying to support him and Netflix's show pointed him out to be a villain I'm going to have to side with Netflix here. Squirrel makes it too easy.
That's a silly line of thought. Not based on facts. Not even based on the parties or actions. But rather the political leanings of an irrelevant third party.

The fool would never have gone unpunished. Anyone who think he can get an acquittal or escape from no conviction is on something high. But maybe they went after him because he killed an elite and himself was easy to litigate against. But he did dig his own grave choosing a trial...but that's how the layperson is raised up in his world of ignorance...that a jury trial is some sort of sacred thing. Jury trials can work if the government is on one side and the defense's case is something the layperson might think is absurd. But in Kai's case, there was a dead body, he met the guy. Something happened, even if not first degree murder. Any jury would be convinced some crime happened.
 

Red Squirrel

No Lifer
May 24, 2003
67,759
12,286
126
www.anyf.ca
Sadly I don't think it will end good for Kai, the circumstances are all around shitty and he'll probably continue to serve his time. The law in general does not tend to side with self defense, especially not if that sense defense ends up killing someone. There are exceptions, like the Kyle Rittenhouse case but that's very rare.

The law system can be shitty, and his best course of action would have been to just get the hell out of there without laying a hand on the lawyer, but even then, the lawyer could have fabricated stuff and Kai still get in trouble anyway, but not as bad as murder. But imagine waking up realizing you just got raped. The rage and feeling of being powerless would set in and you'd want to do something. I don't blame him for doing what he did, but from a law perspective it was wrong unfortunately. There is sadly no winning in a situation like this. Even if he didn't do it and got out of there, he would have to live the rest of his life knowing he got raped, and knowing that scumbag runs free and may do it to other people. My dad got sexually abused as a kid, and it still bothers him to this day. It's a horrible thing to go through and messes with your head.
 
  • Wow
Reactions: pete6032

MrSquished

Lifer
Jan 14, 2013
21,659
20,034
136
That's a silly line of thought. Not based on facts. Not even based on the parties or actions. But rather the political leanings of an irrelevant third party.

The fool would never have gone unpunished. Anyone who think he can get an acquittal or escape from no conviction is on something high. But maybe they went after him because he killed an elite and himself was easy to litigate against. But he did dig his own grave choosing a trial...but that's how the layperson is raised up in his world of ignorance...that a jury trial is some sort of sacred thing. Jury trials can work if the government is on one side and the defense's case is something the layperson might think is absurd. But in Kai's case, there was a dead body, he met the guy. Something happened, even if not first degree murder. Any jury would be convinced some crime happened.
Perhaps you haven't read squirrel's posts. Or you have and are also nuts.

this is Kai

 
  • Like
Reactions: deadlyapp