Update on State v Shaver (Murder Trial)
Laurie Shaver was convicted a little over two years ago now. It was a pre-trial battle dealing with multiple pre-trial motions. Such motions included:
a.) Motion to Dismiss
b.) Motion to Exclude Digital Data
c.) Motions to Compel Discovery
d.) Motion to Exclude Handwritings
e.) Motions for Judgment of Acquittal based on the sufficiency of the evidence as well as the previous motions combined were presented at trial for conclusory arguments
The trial took off and all was well. The State did their job moving from one witness to the other. The defense seeking to renew his motions at all times for review by the District Court. The time came and the bell rang. Guilty!
It was here, the defense relied exclusively at this stage on the hopeful wisdom of the District Court. What was the end product. A verdict that simply declared, “Per Curiam Affirmed.” If you don’t know what that is, read my separate article on it, here. The result is that the District Court wont hear the matter. They may say they did, but there is no assurance they ever opened a brief. In essence there is no review. No protection. Instead, it is a conclusion on appeal without explanation.
Recall, in this trial there lacked the following:
-No evidence of cause of death by testimony or evidence.
-No witness.
-No statement of guilt.
-Instead, only a statement that the child had shot her father observing the father beating her mom brutally as she cried.
-No evidence of the required element of a “malicious murder.”
-A defense statement that the then boyfriend, Jay Townsend, had taken the body and unknown by the defense had buried the body.
-A State witness who testified that they had observed someone late at night and after the defendant had broken up with Townsend, trespassing upon her property.
-Medical injuries to the body speaking of post mortem injuries, to wit: as if the boyfriend had in fact transported the body to one location and later returned it.
-No evidence of how the murder occurred. Had it begun by the alleged victim and later turned to his own demise.
-Where precisely did the State establish the death occurred.
The State Attorneys Office never proved such essential facts nor refuted the defense allegations. They were simply accepted and substituted in the minds of the jurors by emotion. Defense counsel can say this for there was “no evidence.”
When a verdict can be ginned up by emotion, it is this attorneys view that the judge must step short of real evidence. Without, verdicts can be obtained on emotion.
I looked at this issue today. I was alarmed. Over 64% of appeals are concluded without any effective review. Simply a paper telling all, that the case was affirmed without any explanation, to wit: “Per Curiam Affirmed.”
Laurie Shaver now sits until death. Her case ignored at the higher level with no ability to go even above the District Court. You see, you cant go to the Supreme Court wherein the lower court can issues a “Per Curiam Affirmed,” verdict. The reason, there is no record to appeal to the higher court. There was a move years ago to prevent this from ever happening. It was warranted then. . . . it is still warranted. It is particularly warranted here.
Sincerely,
/s/Jeffrey W. Wiggs, Esq.
307 N. Barrow Ave.
Tavares, Fl. 32778
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