Tater
f.k.a. "Tubtastic"
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- Dec 1, 2008
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I did a bit of searching around on the Miami-Dade County Court website and was able to gather some additional information on Trevor's case (Go to http://www2.miami-dadeclerk.com/cjis/CaseSearch.aspx to pull up Trevor's case). There's a good amount of information, so please forgive the long post. According to the Court website:
[1] His next hearing is 8/26/09 at 9am (Hearing Type "R" -- I'm trying to figure out what that means);
[2] He is being prosecuted for felony battery/aggravated assault and his defense attorney is Gregory A. Samms (see http://www.gregsamms.com/);
[3] The case's docket report has some interesting tid bits. [a] It appears that a $5,000 bail was posted and recieved on 4/28/09 and 4/29/09 (Doc #3, 4). On 5/5/09, the docket report suggests that Samms made a demand for discovery (that is, requested certain information about the case from the opposing party) (Doc #9) and entered a written "not guilty" plea (Doc #11). [c] The information (that is, the formal criminal charge by the prosecutor (no grand jury)) was filed on 5/19/09 (Doc #15). [d] The 8/26/09 hearing is supposedly related to a "Report Re: Plea/Sounding"--whatever that means (See Doc #18). A "Trial Hearing" is scheduled for 9/8/09 at 9am (Doc #19). [e] The trial prosecutor is Randi Franz (different from the charging prosecutor) (Doc #25).
[f] Here's were it gets interesting. The State (prosecution) supposedly made a demand for defendant discovery/demand for an alibi (Doc #21). Evidently the State is seeking factual information about Trevor's defense, which is typically sought and divulged in civil litigation (my background) although I'm not sure how much information is normally exchanged between the parties in criminal cases. [g] Also, Samms filed a motion to compel -- a procedural tool used to force the opposite party to share certain information that it is supposedly not sharing (Doc #29). It appears that the Court granted Samms motion -- if true, an early victory for Trevor (although it is tough to know how significant this victory is without seeing the actual motion and order granting the motion) (Doc #33). [h] Finally, it appears that two individuals (maybe witnesses? - not actual witnesses to the crime but trial witnesses) have been summoned for trial on 9/8/09 (Docs # 35, 36).
Bad news - It appears that the State is going forward despite some information that suggests it has been informed of Trevor's likely defense (meaning the State thinks it can get a conviction despite Trevor's likely defense).
Good news - It appears that Samms has been actively defending this case and has won at least one motion before the court.
Disclaimer - I have not read any of the actual docket documents--they are not available online. I'm basing the above information on my legal education and filling in some educated guesses as to the significance of each docket entry. The only way to really know what is going on is to actually get the docket documents (information, motion, plea, court order, summons, etc.) That being said, documents are usually publically available and supposedly can be inspected/copied at the courthouse according to the court website. Anyone in Miami want to make a field trip and give us some more detailed information?
[1] His next hearing is 8/26/09 at 9am (Hearing Type "R" -- I'm trying to figure out what that means);
[2] He is being prosecuted for felony battery/aggravated assault and his defense attorney is Gregory A. Samms (see http://www.gregsamms.com/);
[3] The case's docket report has some interesting tid bits. [a] It appears that a $5,000 bail was posted and recieved on 4/28/09 and 4/29/09 (Doc #3, 4). On 5/5/09, the docket report suggests that Samms made a demand for discovery (that is, requested certain information about the case from the opposing party) (Doc #9) and entered a written "not guilty" plea (Doc #11). [c] The information (that is, the formal criminal charge by the prosecutor (no grand jury)) was filed on 5/19/09 (Doc #15). [d] The 8/26/09 hearing is supposedly related to a "Report Re: Plea/Sounding"--whatever that means (See Doc #18). A "Trial Hearing" is scheduled for 9/8/09 at 9am (Doc #19). [e] The trial prosecutor is Randi Franz (different from the charging prosecutor) (Doc #25).
[f] Here's were it gets interesting. The State (prosecution) supposedly made a demand for defendant discovery/demand for an alibi (Doc #21). Evidently the State is seeking factual information about Trevor's defense, which is typically sought and divulged in civil litigation (my background) although I'm not sure how much information is normally exchanged between the parties in criminal cases. [g] Also, Samms filed a motion to compel -- a procedural tool used to force the opposite party to share certain information that it is supposedly not sharing (Doc #29). It appears that the Court granted Samms motion -- if true, an early victory for Trevor (although it is tough to know how significant this victory is without seeing the actual motion and order granting the motion) (Doc #33). [h] Finally, it appears that two individuals (maybe witnesses? - not actual witnesses to the crime but trial witnesses) have been summoned for trial on 9/8/09 (Docs # 35, 36).
Bad news - It appears that the State is going forward despite some information that suggests it has been informed of Trevor's likely defense (meaning the State thinks it can get a conviction despite Trevor's likely defense).
Good news - It appears that Samms has been actively defending this case and has won at least one motion before the court.
Disclaimer - I have not read any of the actual docket documents--they are not available online. I'm basing the above information on my legal education and filling in some educated guesses as to the significance of each docket entry. The only way to really know what is going on is to actually get the docket documents (information, motion, plea, court order, summons, etc.) That being said, documents are usually publically available and supposedly can be inspected/copied at the courthouse according to the court website. Anyone in Miami want to make a field trip and give us some more detailed information?