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Posted by: thepinetree on 02/23/2018 08:46 AM Updated by: thepinetree on 02/23/2018 08:46 AM
Expires: 01/01/2023 12:00 AM
:

Appeals Court Overturns Brother's Conviction in Leila Fowler's Death

Sacramento, CA...Yesterday the Appeals Court for Third District overturned the brother's conviction in the death of his sister Leila Fowler. Initial read of the documents shows that it was overturned based on Miranda issues. The first paragraphs are below and if you click on the image below it will load the entire pdf of the decision.





"Appellant I.F., then age 12, and his sister L.F., age 8, were home alone on the morning of April 27, 2013. During the course of the morning, someone entered L.F.’s bedroom and stabbed her to death. Later that day, and in the days that followed, I.F. made a series of inconsistent and cumulatively incriminating statements to police.

On May 14, 2013, a petition was filed under Welfare and Institutions Code section 602 alleging that I.F. committed murder (Pen. Code, § 187, subd. (a)),1 and personally used a knife in the commission of the offense (§ 12022, subd. (b)(1)). Following a contested jurisdictional hearing, the juvenile court sustained the petition and found true the allegation that I.F. personally used a knife in the commission of the crime.

I.F. appeals, arguing the juvenile court erroneously admitted his pre-arrest statements in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). We agree that two of four challenged statements were inadmissible. Because the Miranda error was not harmless beyond a reasonable doubt under Chapman v. California (1967) 386 U.S. 18 (Chapman), we reverse and remand for further proceedings."


Comments - Make a comment
The comments are owned by the poster. We are not responsible for its content. We value free speech but remember this is a public forum and we hope that people would use common sense and decency. If you see an offensive comment please email us at news@thepinetree.net
No Subject
Posted on: 2018-02-23 09:05:37   By: Anonymous
 
Is he guilty or not, to use some other issue is what the Snowflakes love! I wasn't there but he was proven to have been at the scene, make your judgement. Anytime I see Becerra's or Kamala Harris's names attached to anything something stinks, she's an admitted Leftist, and he supports La Raza, sorry wrong country sir!

[Reply ]

    Re:
    Posted on: 2018-02-23 09:43:38   By: Anonymous
     
    Now that is a really intelligent comment. I think not.

    [Reply ]

      Re:
      Posted on: 2018-02-23 19:01:16   By: Anonymous
       
      Not think you do.

      [Reply ]

        Re:
        Posted on: 2018-02-24 00:10:46   By: Anonymous
         
        out think do. not

        [Reply ]

    Re:
    Posted on: 2018-02-23 09:54:40   By: Anonymous
     
    Democrats but not affiliated with what you claim. You are mistaken. Provide proof.

    [Reply ]

    Re:
    Posted on: 2018-02-23 09:56:19   By: Anonymous
     
    Obviously, you've no real understand of the judicial system. The kid was released on a technicality. If anything, we should be taking a closer look at what procedural errors happened in this county as opposed to pointing fingers at those whose only job is to sign off on a document executed according to the law.

    [Reply ]

      Re:
      Posted on: 2018-02-23 09:56:45   By: Anonymous
       
      (understanding)

      [Reply ]

        Re:
        Posted on: 2018-02-23 13:08:16   By: Anonymous
         
        Understood (even without your correction).

        [Reply ]

    Re:
    Posted on: 2018-02-23 13:07:17   By: Anonymous
     
    What an idiot. In the US, justice should not depend on your political party and certainly not on any attorney's political party.

    But maybe you are like that greater idiot Trump who took out huge ads in the NY newspapers calling for the execution of the 5 black teens arrested for raping a white woman in Central Park. This was done before they'd even gone to trial. The boys were, in fact, convicted and given long prison terms. Several years later they were ALL EXONERATED when the actual rapist was caught. Even after their exoneration, Trump continued to call for the punishment of the original 5 black teens.

    Imagine if they'd been executed before evidence of their innocence turned up.

    Consider this whole episode if you somehow do not yet believe Trump is a racist. I mean, if the whole birther movement wasn't enough for you.

    Google Central Park 5 and Trump for more info. Here's one link:
    https://www.nbcnews.com/politics/2016-election/donald-trump-says-central-park-five-are-guilty-despite-dna-n661941

    [Reply ]

No Subject
Posted on: 2018-02-23 09:52:27   By: Anonymous
 
Since the overturn of the conviction is not on new evidence exonerating him, but on technicality only, we must hope and pray that this release is not regretted down the road


[Reply ]

    Re:
    Posted on: 2018-02-23 09:57:54   By: Anonymous
     
    Well, there's that. All the stab wounds point to someone really angry and emotional. If not the brother, then the killer is still out there?

    [Reply ]

      Re:
      Posted on: 2018-02-23 10:12:11   By: Anonymous
       
      Gloop.

      [Reply ]

      Re:
      Posted on: 2018-02-23 18:13:54   By: Anonymous
       
      Trump is still out there. Worry about that.

      [Reply ]

    Re:
    Posted on: 2018-02-23 10:18:39   By: Anonymous
     
    He is not getting released. Remand until further proceedings, last paragraph.

    [Reply ]

      Re:
      Posted on: 2018-02-23 12:56:33   By: Anonymous
       
      Right. Just means there will be a new trial in which inadmissible statements are not admitted.

      Remains a tragedy for the family on so many levels.

      [Reply ]

        Re:
        Posted on: 2018-02-23 21:42:25   By: Anonymous
         
        He maniacally stabbed her over and over.

        [Reply ]

          Re:
          Posted on: 2018-02-24 00:11:54   By: Anonymous
           
          I like Trump.


          [Reply ]

Panic
Posted on: 2018-02-24 10:20:30   By: Anonymous
 
The kid came home planing to have sex with his sister. She said no, and said she would tell the parents when they came home. The kid panicked , and killed her.

This is the most plausible scenario for the sister's death.

The kid will be tried again, the evidence is the same, the case is the evidence.

He will be found guilty, and spend time in jail, then prison . He does need psychological help , all his classmates said he was "off".

It is a sad situation, a promising life cut short by an ill individual. This is part of life, not all of us are healthy and whole.Parents need to notice if one of their kids is not right in their mind, and get help to avoid sad situations such as this.

A tragedy of the human condition.



[Reply ]

No Subject
Posted on: 2018-02-28 08:44:47   By: Anonymous
 
For Miranda to apply two legal prongs must be established: CUSTODY and INTERROGATION. You can research how custody and interrogation are defined. I realize in the preliminary interview of the victim's brother the police did not know if he was a victim too, or a suspect. However, it was clear as the interviews (and there were many, lengthy interviews including the FBI for unknown reasons) that the victim's brother was a suspect so WHY NOT JUST MIRANDIZE HIM? That is police work 101 as they say; better to err on the side of caution. There is no way that kid felt free to leave (custody) with a room full of cops/adults and they were interrogating him. Politics aside, the police made an elementary procedural error in this case. It has nothing to do with whether the brother committed the crime or not, he is still afforded the same rights as the rest of us. I do not like to see a murderer walk, but in this case you can thank the S.O. for that.

[Reply ]


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