Monday, December 22, 2014

Illegally WIthheld Data & Charged For Free Electronic Data In State Of Mn VS Robert Earl Rhoades Case No. 73-CR-13-5992? Stearns County ECharging Since April Of 2011 - Yet Still Billing For Paper Copies? Stearns Co. Attorney Janelle Kendall Has No Concern For Due Process Nor Judicial Economy, Does She? Kendall Is Maliciously Driving Up Court Costs To Force A Guilty Plea, Isn't She?

The ends justify the means is Stearns Co. Attorney Janelle Kendall favorite war cry, isn't it? It is, isn't it? It must be since Stearns Co. Attorney Janelle Kendall will illegally withhold evidence and maliciously drive up the costs of prosecution to get a conviction, won't she? She will, won't she?

judicial economy - Legal Definition, n. Efficiency in the management of a particular litigation or of the courts in general; refers to measures taken to avoid unnecessary effort or expense on the part of the court or the court system.

Consider the typical jury trial. For an innocent defendant, even a not guilty verdict is a loss. Although the innocent defendant has “won,” she has undergone arrest and (at least minimal) incarceration, spent money on premiums paid to bail bondsman, spent more money hiring a lawyer, withstood the inevitable public censure and suspicion, undergone the roller coaster ride of emotion during the protracted litigation, and will ever after suffer a stain on her reputation. For the innocent defendant, “not guilty” is a smaller loss than “guilty as charged,” but it is a loss nonetheless. For a guilty defendant, even a guilty verdict and a prison sentence can be a win. More than one guilty defendant facing a draconian sentence has celebrated when she was convicted of a lesser crime and sentenced to the maximum for a minor felony. George R. Dekle, Sr, Prosecution Principles: A Clinical Handbook (Thompson/West:2007), Page 65.

And that is what is happening in the case against Robert Earl Rhoades, isn't it? It is, isn't it?

Robert Earl Rhoades is forced to go back over and over again to court, isn't he? He is, isn't he? And each time he goes it costs him money, doesn't it?

Beginning in 2003, Odyssey began to roll out, connecting 1,100 criminal justice organizations across the state. Minnesota’s implementation of Odyssey has continued to grow and mature in the decade since then. Today, with the implementation of Odyssey e-filing as well as touchscreens on the bench, the state is approaching their goal of eliminating most paper.

7. Government Data Practices The Agency must comply with the Minnesota Govern ment Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the Court under this agreement (see section 13.). The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) and the Court must comply with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. Both parties acknowledge and agree that those Rules and Ch. 13 each require compliance with, among other things, the FBI Policy which restricts the use of the name change background search results. Without limiting the foregoing: ... STATE OF MINNESOTA JOINT POWERS AGREEMENT for eCharging.

It does, doesn't it? But does he get his evidence? No, he doesn't, does he? He doesn't, does he?

Effective September 16, 2013, all e-filed documents, whether in mandatory or voluntary case types, must be submitted in “searchable” PDF format. Visit the eFile Support Center for more details and other important notices.

And each time Robert Earl Rhoades goes to court he still asks "Where is my evidence?", doesn't he? He does, doesn't he? (So much for technology making life easier and less expensive right?)

Minnesota Rules of Criminal Procedure. Rule 1.06 Use of Electronic Filing for Charging Documents Subd. 5. Paper Submission. E-filed documents are in lieu of paper submissions. An e-filed document should not be transmitted to the court administrator by any other means unless the court requests a printed copy.

Minnesota Statute Chapter 13.03 Access to Government Data. Subd. 3. Request for access to data. (e) The responsible authority of a government entity that maintains public government data in a computer storage medium shall provide to any person making a request under this section a copy of any public data contained in that medium, in electronic form, if the government entity can reasonably make the copy or have a copy made.

                                (Above: Malicious bill for printing out paper copies when Stearns Co. eFiles)

And each time Robert Earl Rhoades asks so-called judge Vicki Landwehr for his evidence, so-called judge Vicki Landwehr just pretends like she is concerned, doesn't she? She does, doesn't she?

Step 3: Register for an eFile and eServe Account

Click on "Register Now" in the login box on the eFile and eServe portal to complete the registration process and set up an eFile and eServe account for the firm or agency. NOTE: The eFile Administrator only needs to register and create an account one time to enable legal professionals in their firm or agency to eFile and eServe in the Minnesota state courts that use eFile and eServe.

System requirements for eFile and eServe: Internet browser such as Safari 5.1 or higher; Firefox 9.0; or Internet Explorer 8.0 or higher.

(Above: Stearns Co. has been eFiling since 2011)

So-called judge Vicki Landwehr just pretends like she is concerned because that is what the judges did when she was illegally withholding evidence in her cases, didn't they? They did, didn't they?

Acquiring E-Evidence

There is an emerging common procedure for acquiring electronic evidence and keeping costs and review time down. This procedure simply requires the application of time-tested methods of litigation to new media. More and more the federal 30(b)(6) deposition or its state court equivalent is used to investigate the opposition's data. Typically an IT professional is deposed with information about the party's document retention policy, back-up procedures, and computer systems. This person should be questioned about whether their employer has suspended its document retention policy. The most common answer is that no preservation has occurred and a variety of spoliation sanctions have been ordered from default to jury instructions. Sanctions may also be available if a party responding to a request fails to diligently examine its data and produce the requested information.14 The days of ignoring the electronic evidence portion of a discovery request are over.

And the reason why so-called judge Vicki Landwehr is doing this is because she saw over and over again that people who are only suspected of committing crimes can be forced to plead guilty to anything if their evidence is illegally withheld and the cost of defending oneself against the charge become too high, right? That's right, isn't it? That's not justice, is it? No, it isn't it? Its the ends justify the means, isn't it? It is, isn't it?

More to come . . .

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