Ohio Judge tells defendant to "shut up" when he demands a jury trial and right to testify, no evidence and a lying cop results in the guy's life destroyed, loses place at Harvard.

Akesgeroth · 2013-08-16T09:23:58+00:00

until innocence is proven

What? Are we guilty unless proven otherwise now?

westhau · 2013-08-16T05:42:07+00:00

This is unbelievable. That judge should be taken off the bench and disbarred immediately.

user1492 · 2013-08-16T13:16:09+00:00

Ohio Code 2945.17: There is no right to a jury trial for a minor misdemeanor or for a violation that includes no jail term and a financial penalty of less than $1000.

The Supreme Court, in the case of Baldwin v. New York, determined that the 6th Amendment right to a jury trial does not apply to "petty crimes" that have a maximum penalty of less than 6 months.

The defendant was charged with misdemeanor sexual imposition and public indecency.

In Ohio, sexual imposition (2907.06) is a first degree misdemeanor (2929.24), punishable by up to 180 days in prison; just short of 6 months and therefore does not implicate the 6th Amendment right to a jury trial.

Public indecency (2907.09) is a misdemeanor that varies from first to fourth degree based on the circumstances. Because this would carry a maximum penalty of less than 6 months, the 6th Amendment right to a jury trial is not implicated.

I'm going to anticipate your next question: so the state can charge you with multiple "petty crimes" that all add up to more than 6 months, as long as no individual crime is more than 6 months, and you don't have the right to a jury?

That was exactly the issue raised in Lewis v. U.S.. In short: no, you don't have the right to a jury. Longer answer: jury trials are reserved for serious offenses, not petty offenses. Which kinda makes sense, but I think the court was wrong.

InterNetting · 2013-08-16T07:12:07+00:00

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jollysailor · 2013-08-16T06:01:42+00:00

what they did to that kid is horrible.

flutedog · 2013-08-16T05:26:32+00:00

this. is. horrible.

advice_scaminal · 2013-08-16T09:20:15+00:00

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ttnorac · 2013-08-16T13:45:45+00:00

I miss the Constitution.

bl1y · 2013-08-16T13:39:05+00:00

To be completely honest, the guy's writing sounds like he really has no idea how the legal system works, so I'm not particularly inclined to believe his claims of injustice. Just look at the lawsuit he linked to, it combines a 1983 action for deprivation of civil rights and a medical malpractice claim. What the hell?

Some parts of the factual allegations are just weird. He goes to his community college bookstore, sees a long line and goes to the manager to complain about having to wait? The cops get called and haul him away, which makes me suspect this guy is really just quite unstable.

elseedubya · 2013-08-16T13:00:05+00:00

The crime is not a felony, it's a misdemeanor. You aren't guaranteed the right to a jury trial for misdemeanors. Imagine if we called in 24 people and went through jury selection every time some one was accused of shoplifting. However, on appeal you can request a jury trial in most states.

DougDante · 2013-08-16T06:52:23+00:00

"That case stems from Alahverdian’s time in foster care ... The two out-of-state placements were later shut down for abuse and negligence by their respective state regulators."

dzamir · 2013-08-16T09:57:26+00:00

USA are totally fucked up

5th_Law_of_Robotics · 2013-08-16T12:36:27+00:00

He's clearly guilty of failing to check his male privilege.

Phototoxin · 2013-08-16T13:52:40+00:00

Shit like this makes me glad I'm not in America, and also makes me think that crime is morally relative.

2013-08-16T16:16:11+00:00

Horrifying.

2013-08-16T09:18:27+00:00

That judge's face looks like he got hit by a truck

Emperor_NOPEolean · 2013-08-16T10:52:12+00:00

Two times in two days?

Damn it Ohio, we're supposed to keep our heads down.

Paxmagister · 2013-08-16T17:54:49+00:00

I notice pictures of everyone but Mary Grebinski in this article.

obeseelise · 2013-08-17T00:03:25+00:00

tl;dr please?

YourUsernameSucks · 2013-08-16T06:40:15+00:00

Still believe this is not an all-out war?

Wake.The.Fuck.Up.

woodchopperak · 2013-08-16T20:06:13+00:00

ARe there links to this other than through his blog?

Everything_Is_Rape · 2013-08-16T22:48:21+00:00

He was just going to rape drunk and unconscious women at Harvard anyway.

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