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MCSTAY MURDERS: The State of California v. Charles Merritt *GUILTY*

Discussion in 'Courtroom' started by MartinBeck, May 19, 2015.

  1. TX SMR

    TX SMR Posting my personal opinions

    You have no idea what you're talking about. :floorlaugh:
     
  2. TX SMR

    TX SMR Posting my personal opinions

    Has anyone heard if there will be live coverage at sentencing?
     
  3. Cousin Dupree

    Cousin Dupree Platinum Member

    Not yet.
     
    WinnieChurchill and TX SMR like this.
  4. TX SMR

    TX SMR Posting my personal opinions

    Apparently at least one of Merritt's attorneys is jumping ship. I'm not at all surprised...

    upload_2019-9-19_13-16-59.png
     
    WinnieChurchill likes this.
  5. Freebird

    Freebird Bronze Member

    Are Maline or McGee Appellate attorneys? Could this be a reason? Or is it a reason for a continuance?
     
  6. WinnieChurchill

    WinnieChurchill Well-Known Member

    I don't think any of the DT is willingly stepping down. From the time the verdict was read it has been common understanding that there would be appeals filed. That requires an appellate expert for DT. The DT did an outstanding job and has no reason to believe otherwise.
     
  7. TX SMR

    TX SMR Posting my personal opinions

    My question is if it's just a matter of standard practice why would the declaration be under seal? What's the big secret?
     
    Akoya likes this.
  8. Freebird

    Freebird Bronze Member

    Under seal is puzzling.
     
    Cousin Dupree and TX SMR like this.
  9. Freebird

    Freebird Bronze Member

    If it is McGee who is withdrawing perhaps the declaration under seal in support of the withdrawal could be related to his health issue? IMO
     
  10. TX SMR

    TX SMR Posting my personal opinions

    They're with the same firm so I think they're both withdrawing. Maybe Merritt has decided to represent himself again?
     
  11. Freebird

    Freebird Bronze Member

    If they are both withdrawing my guess is because their job is done. Chase needs Appellate attorneys which they are not. JMO.
     
    Kimster and Cousin Dupree like this.
  12. WinnieChurchill

    WinnieChurchill Well-Known Member

    Considering the issues with this trial I would be surprised if the DT motions weren't "under seal". The motions will contain information, of various types, that are critical to the case. There were 2 motions filed that same day and they may, in some way, intersect. The defense will have reasons for not releasing their future plans prior to the next court appearance.
     
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  13. TX SMR

    TX SMR Posting my personal opinions

    To me it's very telling that the DT is withdrawing before sentencing and filing a motion for a new trial. In my opinion, they've thrown in the towel. AFAIK the declaration that gets filed with the motion to withdraw isn't typically sealed. I suspect there have been issues between Merritt and his attorneys for a while and they're looking forward to moving on from him. It seems as though he's had problems with every single attorney who's represented him.
     
  14. missy1974

    missy1974 Well-Known Member

    My thoughts about an attorney withdrawing... I would be shocked if it isn't McGee. He was obviously having health issues that was also kept under wraps and not discussed in open court, and this would make sense since whatever was filed is "under seal". His personal issues shouldn't be in the public domain and should rightfully be sealed if the judge deems it should be, which apparently he did.

    My other thought is that in a motion, ineffectiveness of counsel could be argued, but it's not argued by the "ineffective" lawyer lol McGee's issues late in the trial really could be an argument for this, and anyone watching the trial objectively could see that he was just not himself when he came back.

    And my last thought is... I thought McGee was a "retained" attorney. I thought somehow he was being paid by the documentary makers? If that is the case, the documentary is now in post production editting and sounds like it shouldn't be long before it's released, at least that is what I read on twitter haha https://twoshallowgraves.com/

    Are we even 100% sure this was filed by the defense?
     
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  15. WinnieChurchill

    WinnieChurchill Well-Known Member

    Good thoughts and your final question is something that has been on my mind. I have not been able to confirm who filed the motions. There has been quite a bit of "chatter" about the PT members looking for new jobs. It's possible one of them has moved out of the area.
     
    Freebird, Cousin Dupree and missy1974 like this.
  16. Cousin Dupree

    Cousin Dupree Platinum Member

    I hope they run it on a channel I get.
     
    WinnieChurchill and Freebird like this.
  17. Freebird

    Freebird Bronze Member

    Oh me too. This is a must see documentary.
     
  18. missy1974

    missy1974 Well-Known Member

    me too! I am Canadian, so I might have to hunt it down online to watch it :(
     
  19. TX SMR

    TX SMR Posting my personal opinions

    It wouldn't be necessary for the PT to file a notice to withdraw since they're not the "attorney of record". The State of California is the plaintiff which is represented by the District Attorney's office. Any DA or ADA from that office can represent the State. The "attorney of record" is always the attorney(s) representing the defendant/respondent. o
    If McGee is withdrawing for health reasons it wouldn't be necessary to go in to detail about his health, only that he's withdrawing for health reasons. Also, since they're from the same firm I believe both attorneys are withdrawing.

    The chatter I've heard is that Merritt admitted to his DT that he murdered the family. Do I believe it? Not necessarily, however, that would be one huge reason they would no longer want to be involved with Merritt.

    As for the documentary, I don't think it's a "must-see" lol. I think it's going to be extremely one sided and biased. Out of morbid curiosity I'll probably watch it but I'm not expecting anything mind-blowing.
     
  20. missy1974

    missy1974 Well-Known Member

    At this point it would absolutely be necessary to justify withdrawing as his lawyer, for medical or any other reason. Withdrawing could also allow the next lawyer to claim the ineffectiveness of counsel argument. No lawyer or lawyers are going to argue that against themselves, although they could provide affidavits in support of and acknowledging error's that they made to a new lawyer. I think even at this point, Merritt would also still need a death penalty qualified lawyer, so if McGee was withdrawing, I don't even think Maline could finish this case on his own either. What I really don't understand is why it's under seal. There could be a motion filed and exhibits could have been put under seal, if for example it was from a doctor. Merritt doesn't have any rights, so if it is anything about him, too bad, it should be public record... so it's just odd. Another thought did cross my mind though... if anything was filed that identified the juror's it could be sealed.

    As for the "chatter"... yeah, I read a tweet that said that LOL But no clue who it was from and/or where that came from.

    I follow another case, and when the State's lawyers are removed or changed, it goes on to the court record, I believe that would be the case in California as well. Daugherty and Imes are the lead attorney's for the State listed on the court record. McGee is the only one listed under Merritt, as lead attorney.

    Before hitting post on this, I went back to the court site... it says this...

    • Notice and Motion To Withdraw as Attorney of Record; Memorandum of Points and Authorities;Declaration in Support Filed Under Seal

    So I'm wondering if it's just the declaration in support that is sealed or if the motions are as well.
     

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