State of Minnesota v. Nicholas Rekieta, Kayla Rekieta, April Imholte

[Useful_Mistake]

https://x.com/XJosh/status/1797657275932516652

https://megalodon.jp/2024-0604-0103-22/https://x.com:443/XJosh/status/1797657275932516652

 

[Balldo's Gate]

Can anyone tell me exactly how stupid idea it is from Kayla to represent herself as "pro se"? Or will any filings be just copy paste from stuff Nick send so both will fail at same time?

It is a stupid idea to accept legal advice from a co-defendant.

I have to admit I thought that at the very least Kayla would get an attorney before filing anything new to avoid the appearance of Nick providing her with legal advice, but they clearly filed the same damn thing, it has the same bizarre wrong-county error.

looks like it was granted, and they got the same judge from the arraignment.

Nope! He got the third judge in the county. The one who's up for re-election this year.

 

[PyrrhicRustle]

Can anyone tell me exactly how stupid idea it is from Kayla to represent herself as "pro se"? Or will any filings be just copy paste from stuff Nick send so both will fail at same time?

While they’re just filing basic procedural paperwork it’s probably fine to just copy off of Nick, once things actually start moving it will be exceptionally retarded.

 

[Balldo's Gate]

While they’re just filing basic procedural paperwork it’s probably fine to just copy off of Nick, once things actually start moving it will be exceptionally retarded.

I don't think deciding which judge will hear your case falls under "basic procedural paperwork". It's something that I would think demands the input of a real attorney rather than an alcoholic cokehead rambling about which judge squeezes more liquor from various body parts.

 

[Spaded Dave]

I was hoping the alcohol pussy juice clip would be shown in court but oh well

This doesn't preclude the evidence from coming in. It actually allows more latitude because it would be less prejudicial since it won't be a direct affront to the presiding judge. That doesn't mean it will come in, of course.

 

[DavidS877]

I assume the next thing we'll see is a new date for the hearing as the other judge's calendar probably differs.

 

[Musashi's Son]

I'm perfectly fine with a judge switch. It gives the baldo washers one less cope if Nick goes to prison.

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Found multiple articles. Rackets is still fucked.

Rackets is even more fucked as well.

 

[PyrrhicRustle]

I don't think deciding which judge will hear your case falls under "basic procedural paperwork". It's something that I would think demands the input of a real attorney rather than an alcoholic cokehead rambling about which judge squeezes more liquor from various body parts.

I’m not a lawyer but the form they filed seems pretty standard and it doesn’t seem like the court has a problem with how they did it. If they had to make any kind of argument about it, sure, but it just says “under this statue we’re allowed to ask for a different judge so pwease do that.”

 

[Trigger Me Timbers]

He really is doing the Beard strategy, let's see how it plays out!

I think he's patting himself on the back, but I also think he just majorly fucked up.

I doubt another judge will rule materially differently in this case, and a judge who doesn't like you can be better than one that doesn't care about you - if they're a good judge overall. Because they will KNOW they don't like you and often fight against it (see also: judges allowing basically any non-material motion from defendants that are going to lose).

However, he just removed a powerful appeals line (even if bullshit).

It's like how in jury selection each side can just dismiss with no reason a few jurors - you get to remove ONE judge once for no reason stated (of course, the entire police and court system in Anoka King Candy County is laughing their ass off as to the reason.

Nick's problem is he thinks everyone is like him, if he were judge over the liquorsupplylady he'd be vindictive as fuck.

I agree that this probably won’t change the outcome.

Since Nick is essentially going for the Ethan Ralph/JuJu the cow strategy of just acting like nothings wrong and that your #winning… I think he will regret this because at least with the old judge, he could try to keep his simps by blaming them California courts mean judge with a grudge when he gets found guilty. But with fresh judge it will be harder to try and win that optics war.

 

[Third World Aristocrat]

I’m not a lawyer but the form they filed seems pretty standard and it doesn’t seem like the court has a problem with how they did it. If they had to make any kind of argument about it, sure, but it just says “under this statue we’re allowed to ask for a different judge so pwease do that.”

He is not arguing the procedural aspect of doing it pro se. But the rationale of deciding for another judge without speaking to a lawyer that is thinking about your best interest. Nick is not in a position to think about Kayla's best interest. He's heavily biased as a codefendant.

 

[Kosher Salt]

Rackets is even more fucked as well.

All of those cases involve sales and/or priors or multiple drug charges (which even if concurrent are counted as priors in Minnesota sentencing IIRC).

 

[PyrrhicRustle]

He is not arguing the procedural aspect of doing it pro se. But the rationale of deciding for another judge without speaking to a lawyer that is thinking about your best interest. Nick is not in a position to think about Kayla's best interest. He's heavily biased as a codefendant.

That’s fair. The decision was certainly in his own interest, and an impartial lawyer who is focused on Kayla’s own interest might have advised her differently.

 

[GeorgeHWBush]

They are probably granting the judge removal so Nick can’t argue that his judge was biased if he gets convicted and wants to appeal his case. I don’t really know much about law but it’s my best guess especially since their county is very small. Are there any other cases where an appeal was granted based on the supposed bias of a judge?

I am retarded and did not correctly read.

 

[Boingboingboingboi]

it's my understanding that you don't need a reason to get a judge removed the first time. it literally doesn't matter. "alcohol is seeping out of her vagina" is a totally fine reason. the fact that she had any prior interaction with nick is a totally fine reason. nick believing based on his experience that she's a fucking retard and wouldn't give him a fair trial is also a perfectly fine reason. or all of the above.

my egomaniac reading of nick is that he probably asked because he just thinks she's too incompetent to trust with his own case.

 

[Gorton Colu]

it's my understanding that you don't need a reason to get a judge removed the first time. it literally doesn't matter. "alcohol is seeping out of her vagina" is a totally fine reason. the fact that she had any prior interaction with nick is a totally fine reason. nick believing based on his experience that she's a fucking retard and wouldn't give him a fair trial is also a perfectly fine reason. or all of the above.

my egomaniac reading of nick is that he probably asked because he just thinks she's too incompetent to trust with his own case.

Nick could be completely right with the decision to request a new judge, but knowing Nick, this will somehow backfire regardless.

 

[Strix454]

my egomaniac reading of nick is that he probably asked because he just thinks she's too incompetent to trust with his own case.

My reading of the new judge's attitude, background and case history is that Nick has suffered a rather large setback. This is a way worse judge for Nick in this particular sort of case.

 

[Boingboingboingboi]

My reading of the new judge's attitude, background and case history is that Nick has suffered a rather large setback. This is a way worse judge for Nick in this particular sort of case.

oh for sure. knowing nick as an egomaniac control freak, i think the decision makes sense from his perspective to make sure that a judge he clearly does not think highly of is not presiding over his case. again, you don't need a good reason to ask for a different judge. it's truly poetic that he's ended up with a worse judge if we take your findings as an indication of what to expect.

 

[Turbo Hornbag Hervez]

Not surprising. Costs both the state and Nick nothing to switch judges

I’m not really surprised either. This avoids any appearance of impropriety that Nick could point to at a later date to try and seek some kind of dismissal based on animus

 

[Useful_Mistake]

They are probably granting the judge removal so Nick can’t argue that his judge was biased if he gets convicted and wants to appeal his case. I don’t really know much about law but it’s my best guess especially since their county is very small.

Hey, wanna hear a riddle? I come to a thread, but I do not read it. I have opinions, but no foundation. What am I?

 

[Friend of Dorothy Parker]

He did a Ty Beard? What's he going to do next, use the wrong form and get all his evidence thrown out?

Not quite - Nick actually made the deadline. Though getting the county wrong is awesome.

I think Balldo is stalling intentionally.

On the notice of removal? To what end? That was a no-brainer (for him), and nothing happened in the intervening week. Maybe he thought it would increase (or decrease) chatter, and though the stupidity of trying to manage that is epic, maybe that’s to be expected. I tend to think it was more either an oh, fuck! or a can’t-be-bothered.

New judge, doesn’t sound like anything changed. Instead he got the judge in which he told him that a 50k bond is unconstitutional.

This is gonna go swimmingly.

Also, Judge Fischer Pussy Liquor is still the presiding judge on the Montegraph hearing, right? The case that has not stopped for Rekeita despite getting arrested for drugs and criminal child neglect?

Why would civil litigation automatically stop because someone got arrested? It doesn’t.

I have to admit I thought that at the very least Kayla would get an attorney before filing anything new to avoid the appearance of Nick providing her with legal advice, but they clearly filed the same damn thing, it has the same bizarre wrong-county error.

You can get informal advice from anyone, even if you are an idiot to do so. He’s the one in greater ethical danger, as an attorney, from giving her legal advice when he has a clear conflict.

They are probably granting the judge removal so Nick can’t argue that his judge was biased if he gets convicted and wants to appeal his case. I don’t really know much about law but it’s my best guess especially since their county is very small. Are there any other cases where an appeal was granted based on the supposed bias of a judge?

They granted it because you get it if you file the notice by the deadline.

My reading of the new judge's attitude, background and case history is that Nick has suffered a rather large setback. This is a way worse judge for Nick in this particular sort of case.

And that is exactly why Kayla should have her own attorney. There may be reasons, real or perceived, for Nick to not want Fischer, but Kayla has had no interaction with Fischer so much less clear a reason to remove her, and if this judge is a hang-‘em-high type of judge compared to Fischer, a real attorney may have advised Kayla to stick with her.