Pixiq

Going to ask for a new judge or rub his nose in it.

The judge was overturned on appeal. You did not “beat” him on appeal. It is probably unwise to make this personal. You may be in the right, but he still has the ability to make life difficult. You both know what happened, it is probably best to allow him to do the right thing and save face in the upcomming trial.

Craig,

Regardless of the legal terminology, this was a huge victory for me. And the reason I was forced to go through an appeal in the first place was because the judge allowed improper character evidence to be introduced in the trial.

I know it was the prosecutor who brought it up, but he was just resorting to whatever he could to win the trial. I don’t think it was personal for him.

But the judge is supposed to be the referee and ensure that both sides play fair. But by allowing my blog to be used against me, even though it did not even exist at the time of my arrest, he proved that he was the one making it “personal”.

And even once he allowed that evidence to be introduced, where it lead to my conviction for resisting arrest without violence, he could not be content in just accepting the prosecutor’s recommendation for sentencing, which was 3 months probation and 50 hours community service.

No, he had to sentence me to 100 hours community service as well as a year probation. And he also acknowledge that he was basing this sentencing on my blog.

This is not just my opinion anymore but the unanimous decision of a three-judge panel, who stated he abused his discretion.

And I did my appeal pro se, so for me it was personal. I put a lot of time and effort into the appeal so when I received notice that I won, I didn’t take it as a detached decision but as a personal victory.

What can I say, I’m human.

I’m glad you see this as a personal victory, but why do you not request a change of judge, for both your second trial, and your retrial? The appeal’s victory shows he clearly cannot keep things professional in your case, and he could easily be just as biased for this case.

I think my lawyer might end up asking for a new judge. We’ll see how that goes.

Good luck Carlos.

Carlos,

What will you do if he orders you not to blog about your case?

I will blog about his order.

So what if your second case is before the same judge? Perhaps the winning of your appeal in the previous case got his attention. And, you can always appeal this ruling if it does not go in your favor just as you did the last one and win again if the judge is so ridiculous that he actually makes the same error as last time. Maybe the judge needs to learn a lesson.

Lorraine:
So what? Have you read his reports on his first case? Allowing improper character evidence, followed by sentencing him to double what the state was asking for on a charge that is invalid, because he showed no remorse, which is a violation of a dozen different rules.
If the last time the judge didn’t have his attention, do you think this time he’ll have learned his lesson and be fair, or be petty and human?
Sure, he could appeal again, but appeals are a long process, for his first trial, it took so long to get to the appeal, he already served the complete sentence! It would be better to win the first time round than spend another year and thousands more on the case to get a chance to go around again and be treated exactly the same way or worse by the overtly pro-cop judge. Yes, the judge does need to learn how to be neutral and impartial, but someone who punishes defendants for maintaining their innocence is unlikely to learn any lessons from meeting up with the same person with a second similar set of circumstances surrounding said scenarios. (whew).

Good news for us, makes for interesting blogging!

Good luck Carlos

Having read the relevant public record documents (and assuming their accuracy), what the judge did was personal. So said the 3 judges overturning his decision. No matter the words they used. The language was English. I speak English.

I’ll concede Carlos’ willingness to grant that the prosecutor did not have a personal vendetta. But I hope Carlos would agree with me that what the prosecutor did was at minimum immoral. After all, the ref should have called him on his unfair (=attempts to cheat) play. He knew what he was doing. He knew it was wrong. He did it anyway.

I wish you the best. In my opinion the whole system is corrupt to the core. You have great courage, in my opinion, to fight on.

Mr. Carlos Miller,
Thanks you for fighting for the rights of all Americans and for me, a photographer and artists activist in Chicago. We are the front line in a fight for the freedoms and values our nation has stood for since its beginning. We are those who with our hard work and risks will bring this nation back from the brink of tyranny.

I am fighting a felony charge arising out of selling art for #1 in downtown Chicago ( a misdemeanor) because to protect myself from abuse by Chicago’s police, I audio-taped my arrest. It is a 1st class felony to audio-tape police when they arrest you in Illinois. The police can record arrests in Illinois to protect the State from frivilous law suits by the public but citizens can not audio-tape their own arrest to protect ourselves against police abuse.

We intend to change the laws in our State that prevent artists from surviving by our art and the eavesdropping law that prevents us from gathering the information we need to protect ourselves and regulate our public servants as is required of us by our democracy.

I support your actions. Good luck. To read more about our activities visit http://c-drew.com/blog and signup for our weekly newsletter. Your voices are powerful!

“doing anything to win the case” is a terrible way to go about business for 3 months probation and 50 hours of community service. The state doesn’t benefit at ALL from either of those sentences.

It was purely personal and petty. I hope you keep the same judge, and they bring the same thing up this time (especially your victory dances). then you can probably get him ejected from his position.

I think issue #1 for your lawyer is to request a different judge based on the situation from the first case. – If he says ‘No’ and you appeal, then the appeal judges have your first trial, and the reasons for it being overturned, as well as the fact that you asked for a different judge, and that he declined.

Who’s your lawyer?

Resisting arrest without violence.

Hmmm…isn’t that sorta resisting without
resisting?
I guess by creating an illogical law, a contradiction in terms, they
make it impossible to fight, because any attempt
to make sense of the law, logically, falls on its face.
What a nice weapon for a police state to have.
IS rape without sex next?

Jim,

My lawyer is Arnold Trevilla, who picture is on the top right-hand sidebar.