Skip to comments.Angela Corey and Kalina v. Fletcher, 522 US 118
Posted on 07/16/2013 11:31:53 AM PDT by SeaHawkFan
Read the above case and you can see that as the complaining witness in the prosecution, and with all her lies and deception, Angela Corey will not be able to claim prosecutorial immunity.
This is why ALL smart prosecutors avoid composing affidavits for prosecutions, because writing them makes them the complaint witness, and thus liable to civil action.
(Excerpt) Read more at scholar.google.com ...
And did I read where she had a 12 yr old stand trial as an adult?
Interested in you opinion on this.
Ok but the title was at first confusing as it makes one think that Corey is somehow involved in the Fletcher case.
What you’re saying to be clear is that the Fletcher case shows how a prosecutor can be held liable for misconduct. Thanks for the link.
But who would bring the suit against Corey?
I can see one “Hor-Hay” Zimmerman being front and centre on this one. I think he’d win, too. Malicious and unfounded prosecution for starters.
I was a Chief Deputy Prosecutor when Kalina v. Fletcher was handed down. It does not say what your quick blurb says it does. Kalina holds that a prosecutor DOES have absolute immunity if they draft the Probable Cause affidavit, when the affidavit is signed by someone else. It is only when the prosecutor signs the affidavit themselves UNDER OATH that they lose full immunity and only receive qualified immunity.
This did not change any of the policies of my office at the time of the opinion. I had already determined that NO prosecutor was going to make a statement of probable cause under oath. That is for the police officer to do. Prosecutors are advocates, not witnesses.
I regularly conducted training sessions to police officers on how to write PC affidavits, and always cautioned them about false statements or writing misleading affidavits. I had two detectives terminated for fudging their PC affidavits, although the statements didn’t rise to the level of outright perjury. It was more for what they omitted than for what they said. I took sworn probable cause very seriously.
Now, I suppose that if there were a case where a plaintiff could prove that a prosecutor deliberately and knowingly suborned a perjured PC affidavit, they would lose their immunity. But a prosecutor willing to do such a thing is unfit for their job and should be compelled to do something else anyway.
Mark for later.
Star struck career climbers tend to ignore common sense. Corey belongs in prison.
The nutshell of this is while Corey claims absolute immunity in her position, the SCOTUS case points out
1 there’s never ever been ABSOLUTE immunity to judges, prosecutors, DAs, and
2, while generally what could be considered absolute immunity for these people only applies to them as they perform their functions to resolve disputes,
they only have qualified (limited) immunity whne it comes to making DISCRETIONARY policy decisions. If they make such decisions with malice and without probable cause, they can be held personally liable.
Basically otherwise they could railroad people by charging them on false charges or ignoring facts, omitting facts, false facts, and never be able to be gone after for doing so.
I sure hope there is some smart and aggressive law firm that is willing to take this witch on and show that there is accountability for prosecutors who overreach and use their power for political persecution.
Immunity can only go so far, otherwise what is to stop prosecutors from becoming totally above the law?
Angela Cory must be publicly burned at the stake, figuratively. We MUST make an example of this woman, so that OTHER Leftist activist attorneys can tell the mob: “Look what happened to poor Angela, wish I could help you but -—”
She called him a “ Murderer” after he was found not guilty!
This link also includes a syllabus.
So are you saying she can be prosecuted?
Zimmerman prosecutor under fire (video 4:20)
Zimmerman should sue everyone he can. They edited the tape to make him look Racist. They had witnesses lie about their identity and age and fact s. They had an Attorney interceding on behalf of the Victim who had no authority to do so. where are the charges? Where is Florida’s AG and Gov. ? Same place as they were in the West election case where the Election official was committing fraud but hid in the hospital until the results were verified.
Until these people get hit hard in the pocketbook they will continue to trample “our”rights.
Prior to posting this ruling, FNC reported that Corey signed the affidavit that led to Zimmerman’s arrest and prosecution.
As you know, she was not the advocate in this case. If she did sign the affidavit, she could be held civilly liable. You certainly would not disagree with that, would you.
That said, the FNC report may not be accurate.
Corey didn't have that in the Zimmerman case did she? In addition the Seminole county DA had already passed on indicting Zimmerman.
Also, as you know, it can never be an official duty of a public official to commit a crime, so a prosecutor suborning perjury would be criminally an civilly liable.
“So are you saying she can be prosecuted?” To answer this narrowly, this case proves anyone can be prosecuted for anything. But being prosecuted successfully? That’s different.
Criminal prosecution is different than a civil lawsuit. Don’t confuse the two. Kalina v. Fletcher was a civil lawsuit, not a criminal prosecution. The standards and types of proof are quite different. But both a civil suit and a criminal prosecution would be very difficult to prove in this case.
A prosecutor pretty much has immunity for what they say and do in the Courtroom. That’s why I never spoke to the press, or just gave them bland NFL coaches post-game press conference type answers. But in the Courtroom I could say and do practically anything as long as it was supported by evidence. You wouldn’t believe the things I got to say about criminal defendants.
Criminal prosecution would require you to prove that the prosecutor knew in advance that the witness was lying, and that the prosecutor did more than put them on the stand to tell the lie. It would require proof that the prosecutor had some sort of personal animosity toward the defendant and assisted somehow in perpetuating the lie. Maybe this isn’t a legal standard, but what I would consider a practical one. Witnesses lie all the time and lawyers can always claim “plausible deniability” in that they are advocates. It’s not for them to decide who is lying. That’s for the jury. But if a prosecutor knew it was a lie, believed it to be a lie, and still intentionally portrayed it as the truth to convict an innocent person, that’s a start. You would probably have to add to it that the prosecutor also deliberately concealed truthful exculpatory information. If yes to all of that, they could be prosecuted successfully.
It has to rise to the level of a Nifong to get there. This case probably falls short of that standard.
No knock knock here
Serious legal discussion
If Corey actually signed the PC affidavit, she’s dumber than I thought. No way would I EVER have done that.
No defendant was ever worth my license to practice law, and no client is now.
I really appreciate your time in answering. Thank you very much.
“As you know, she was not the advocate in this case. If she did sign the affidavit, she could be held civilly liable. You certainly would not disagree with that, would you.”
That’s what I said, and that’s what Kalina v. Fletcher holds. Your intro on this post says that a prosecutor can be held liable if they “draft” the PC. Drafting is different than signing. Drafting is covered by immunity. Signing is not. That’s the holding of Kalina.
Can she be held criminally accountable for holding back evidence or tampering with the cell phone ?
We are in agreement.
Withholding evidence is more likely to be subject of a civil lawsuit. Lower standard of proof (preponderance of evidence vs. beyond a reasonable doubt).
If she was actually the one who tampered with the cell phone, then she could be prosecuted for that. I would look at evidence but I would never personally touch it. That’s for the cops and forensics people.
If she actually “played with” evidence outside the courtroom, she is, again, dumber than I thought.
The Courtroom was my playground, trials were play time, and the evidence was my toys. That was when you get to take out the toys and play with them. And you do it out in the open where everyone can see. That’s the whole point of playing.
O’Steen and Galbreth (sp) signed the Affidavit of Probable Cause. BDLR signed the Issue Capius. http://www.scribd.com/mobile/doc/88953520
To be clear, Corey has a big problem with hiding evidence regardless of whether she signed the affidavit.
You are correct.
Looks like Corey is clear on this aspect.
Obstruction of justice is another matter for the Brady violations.
"State Attorney Angela Corey fired her offices information technology director Friday after he testified last month about being concerned prosecutors did not turn over information to George Zimmermans defense team in the shooting death of Trayvon Martin."
"O'MARA: I thought it was going to slow down, particularly when the evidence started coming out. Because you first and then me second said, look, guys, let's just wait. Sit back. You don't know the evidence yet because I don't know it yet. Let's wait until we have all the evidence. And I thought that would sort to tend to throw a tithe to bring it back. But it never did. And part of that was of course the way the prosecutors were hiding some of the evidence and the discovery and they just kept it at this fever pitch way too long."
HANNITY: Let's go over the irregularities in the case. Don, for example, the withholding of evidence which your partner mentioned. Explain that.
WEST: A moment ago, I said what's the most important thing, evidence as opposed to an appeal to emotion. Let's look at the real evidence and it was like pulling teeth to get the real evidence. The exculpatory evidence, the information that is the foundation of the way the criminal justice system is supposed to work says that the defense is entitled to all exculpatory evidence. And we fought month after month after month just to get what should have been given without the hundreds of hours that it took. So, that's the way this started and unfortunately it continued until the very day the trial started."
Thanks. Fr mail
This will get her named as a defendant in a Section 1983 Civil Rights lawsuit. Disciplinary action will be up to the whatever Florida agency is responsible, probably some arm of the State Supreme Court.
This smells bad, but I don’t think we have a criminal case here yet.
This smells bad, but I dont think we have a criminal case here yet.b
not that would be great to indict her as imo there is more evidence of criminal action by her than was by Zimmerman..
There are no such firms. They leave the heavy lifting to Orly and then criticize. Oh, the beauty of being a conservative law firm, no risk just criticism.
One of the questions that needs to be asked is when did the prosecution find out about those words: “creepy ass cracka”,
A “cracka” to Martin was/is a person acting like the police or a security guard.
Martin believed that he was running from the poooolice or security guard — aka “cracka”.
So then all this nonsense from the prosecution about Zimmerman having to identify himself as neighborhood watch was a red herring from the prosecution.
Oh, by the way...what do you think about the IT guy having a civil rights action for wrongful termination? I figure Florida is an “at-will” state, but do you think a retaliatory termination to cover up a civil rights violation is actionable?
Does prosecutorial immunity cover going on GMA and calling GZ a murderer after he's been found not guilty and dismissed from the court?
I DON'T THINK SO.
1. Evidence hearing now pending (sanction) ?
2. Prosecutorial Misconduct ?
3. Infringing on Zimmerman’s civil rights?
And the various lawsuits against media
And did I read where she had a 12 yr old stand trial as an adult?
Cristian Fernandez case
In 2011 Corey’s office oversaw a case in which 12-year-old Cristian Fernandez was accused of killing his two-year-old brother. Corey sought and received a grand jury indictment of Fernandez on charges of homicide and aggravated child abuse, and decided to try him as an adult. This move, which made Fernandez the youngest person ever to face a murder charge in Jacksonville’s history, drew criticism and protests to send the case to juvenile court instead, but Corey held that the juvenile system was inadequate to handle a crime of this magnitude. Corey stated she did not intend for Fernandez to stand trial or serve a life sentence, but would rather accept a plea deal. Fernandez pleaded guilty to manslaughter in February 2013 and was sentenced to detention in a juvenile facility until his 19th birthday.
Notice the overcharge to get something lesser approach.
Look familiar ????
It appear to me at first blush he may have a case. Corey strikes me from the get go as vindictive and dishonest.
Florida has whistleblower laws, although I'm not a lawyer and don't know how relevant they might be. But I'd guess that’d be a good place to look first.
A place to start looking. ...
GENERAL LABOR REGULATIONS
TERMS AND CONDITIONS OF EMPLOYMENT
LABOR POOL ACT
TERMS AND CONDITIONS OF EMPLOYMENT
If Angela Corey submitted a false affidavit after attesting to its truthfulness under penalty of perjury, then she would be acting as a complaining witness and could be liable for both criminal and civil penalties.
Zimmerman could sue her, but who’s going to prosecute her?
Is the COWARD Rick Scott going to call for a special prosecutor?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.