Marine Jailed for shooting Home Invader... - Page 2
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  1. #16
    Marine Platinum Member Zulu 36's Avatar
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    I've never heard of a Writ of Habeas Corpus not being recognized. I'm sure it has been someplace, but I never heard of it. I wouldn't want to be the police supervisor when he has to show cause why he ignored the writ. It's a fundamental piece of the Constitution.


  2. #17
    Chris.....the D.A. is a black Liberal.....do you really think she cares??


  3. #18
    Marine Platinum Member Zulu 36's Avatar
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    Quote Originally Posted by Mongoose View Post
    Chris.....the D.A. is a black Liberal.....do you really think she cares??
    The prosecutor may not, but the Marine's attorney is black and so is the judge who issued the writ. They will care because Westland PD is essentially flipping them off. Oh, and the attorney and judge have known each other for years and used to work in the same law firm until the judge got elected. We'll see what happens.

    I'm also sure that the prosecutor was not consulted before WPD told the lawyer to take a hike. Just call it a feeling. Kym Worthy likes to be her own *******, not one on a police department's leash.

    Writs of habeas corpus are common in Michigan (and possibly other states, I don't know). 90% of them are issued on the request of a police agency to the sheriff of a different county so they can bring the corpus before a judge in the requesting jurisdiction for arraignment or other legal procedure. It's mainly a CYA thing and never just ignored. The timing of those writs are always set up ahead of time so as not to step on any toes, schedule-wise. I know as I've requested a number of writs as a detective and OK'd others as a detective supervisor. The county prosecutor's office then actually prepares the writ and gets it signed by a judge. The CYA comes in if the prisoner escapes from the requesting jurisdiction, the releasing party is excused from legal obligation.

    However, the writ in this case was requested by a defense attorney in order to force the PD to produce the corpus of his client for an interview. This was not a CYA writ, but a serious demand to see his client. As I said, we'll see.


  4. #19
    All of that is way above my head.....what is the gun laws in Michigan? It all sounds like someone is out to get this Marine.


  5. #20
    Marine Platinum Member Zulu 36's Avatar
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    Quote Originally Posted by Mongoose View Post
    All of that is way above my head.....what is the gun laws in Michigan? It all sounds like someone is out to get this Marine.
    The gun laws have changed somewhat since I lived there last (2000). But, from what I have gathered, it is claimed that the prosecutor is using the wrong statutes to bring charges. I don't know, not being familiar with the newer laws.

    However, I have not been able to find any updated information on the case in any of the Detroit media. The Marine has a preliminary hearing scheduled for Jan 18 in the local District Court. I don't expect to hear much, if anything, until then.


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