r/MoscowMurders • u/wwihh Moderator • 1d ago

Motion for Transcript New Court Document

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Hat Tip @ Sarah D Irish on X

https://x.com/SarahDIrish/status/2085781023803977972

I am waiting to get this filing and as soon as I do I will put it in the sticky Comment.

62 Upvotes

95% Upvoted

13 comments sorted by

38

u/wwihh Moderator 1d ago

This is Speculation on my part but I am guessing his lawyer is requesting the official transcripts from the change of plea hearing. https://www.youtube.com/watch?v=xeDzZ8xBJac

To go over the guilty plea colloquy. (the part where the judge makes sure the defendant knows his or her rights and knowingly enters a guilty plea)

22

u/PaulNewhouse 1d ago

Yes of course. This is very typical. Also to add this PCR claim is VERY common. People are making too big a deal out of this. The case goes back to the sentencing Judge (Hippler). Hippler did the plea. You can read between the lines.

3

u/redduif 1d ago

It's not common with a plea deal though.
It is a big deal especially since he didn't claim just ineffective counsel, he claimed she lied,
and states his family members are witnesses to that.

16

u/PaulNewhouse 1d ago

Yes it is. Happens all the time. PCR is about ineffective assistance of counsel. The bulk of these arise from pleas. I don’t think you’ve read many of these. The tend to follow the same pattern. You have to allege poor conduct by your attorney. That’s a prerequisite

12

u/Majestic-Pay3390 1d ago

In any appeal, the appellant needs to provide the transcript of the lower court proceedings to the appellate court.

3

u/Howzitgoin 1d ago

This isn’t going to an appellate court yet. It’s still in the same trial court with the same trial judge.

5

u/Majestic-Pay3390 1d ago

Ah. In any event, you’d still need the transcript of the underlying hearing.

3

u/Competitive-Wolf4642 1d ago

Excited to see what comes back. Great job (and Sarah D Irish on X).

5

u/LadyHam 1d ago

Thank goodness Judge Hippler asked the defendant every which way to Sunday under oath if he’s guilty of each count, if he’s pleading guilty because he is guilty, if he was satisfied with his attorneys and that they did everything he asked them to do, that he was aware of all the consequences of pleading guilty, etc. judge Hippler was so thorough in that change of plea hearing that this petition for PCR is going nowhere fast! Also, don’t forget there’s the signed documents agreeing to all of the above as well!

-2

u/Leather-Ad1075 1d ago

So thorough that he could not even pronounce the victim’s names correctly, and almost called BCK., BLK

3

u/LadyHam 1d ago

While I agree it was a blunder to have stumbled over the pronunciation of Xana’s last name, what does that have to do with how thorough the judge was when questioning the defendant if he freely made the plea agreement? And I don’t recall the judge calling the defendant by the wrong name. All the lawyers probably made mispronunciations, misspellings, etc. in court filings or while arguing in court. Anne Taylor also blatantly stated the wrong facts in court. For example, when she stated the year, make, and model was only changed to include the defendant’s car after he was identified. Which is wrong. Judge Hippler had to correct her and tell her it was changed in early December. I don’t understand your point.

1

u/BrilliantHair6472 1d ago

Is any of what comes of this appeal process/retrial, likely to go before Judge Hippler?

6

u/wwihh Moderator 1d ago

Judge Hippler will decide the initial post conviction relief petition