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

[Thomas Talus]

According to Josh they're packaging some files and the decision stuff on a CD and mailing it. Because that's how local government rolls.

Burned DVDs is how I get video discovery, what were you expecting?

 

[A Cardboard Box]

I don't think he can appeal the PC determinations until after conviction

Well, maybe. That's one of those things where it could go both ways depending on the judge and what arguments are presented. Normally, you cannot get an interlocutory appeal for a motion to suppress, however the argument I'm sure Nick and his attorney would make, which is honestly not a bad one, is that the nature of the motion would have it fall under the collateral order doctrine. Whether or not they buy it is probably a coin flip, so say 50/50 chance he is granted an interlocutory appeal on the motion to suppress, and then like a four percent chance that the warrant is tossed. I don't have the source in front of me but when I looked it up I believe it was something like just over four percent of search warrants are tossed by the courts in Minnesota.

 

[reptile baht spaniard rid]

I've seen pictures. It's not some shithole. It's a very popular format for malls these days where you will rarely see a Negro.

Oh it’s definitely a nice mall. California style.

But you will see negros, as it’s absolutely crawling with Somalis just like everything else out there in shitholestan

 

[Watching Rekieta]

Learn to multi-quote and stop double-posting.

Am I doing it wrong? Didn't you grab this from a multi-quote post I made?

 

[Dr. Jaime Reyes]

Lawdogs, is the contested omnibus hearing his chance to get the warrant thrown out?

I’m trying to read the tea leaves but I lack a legal education. Mostly I’m wondering how long he can play chicken with the state before it’s too late to swerve and take a deal.

Would you guys read anything into these filings, or is Rackets just following the expected script for any defendant?

Plus his lucrative Baldo endorsement deal went to King Charles unexpectedly.

Heavy hangs the scrote that wears the Balldo.

I have a weird question because i know nothing. Is it possible the "cocaine " was actually his narcolepsy pills ground? Could that be why he is so sure of himself? I don't know how anything to do with drugs works. Just wondering.

Do you know anyone who grinds up their prescription medicine in large quantities, portions it out into plastic bags, and stores it in a safe?

 

[AnOminous]

I have a weird question because i know nothing. Is it possible the "cocaine " was actually his narcolepsy pills ground? Could that be why he is so sure of himself? I don't know how anything to do with drugs works. Just wondering.

I have a normal question. Are you retarded?

 

[A Cardboard Box]

Mostly I’m wondering how long he can play chicken with the state before it’s too late to swerve and take a deal.

If he doesn't take a deal before omnibus he's essentially fucked. Even though I'm sure the DA is confident the warrant is water tight, he isn't going to want to test that if he doesn't have to. If Nick goes to omnibus, gets his ass handed to him, and is denied an interlocutory appeal, then the only incentive for the DA to negotiate a deal is to avoid a trial that he's almost guaranteed to win handily. Basically, Nick's leverage for a favorable deal is greatest before the omnibus.

 

[Third World Aristocrat]

How did Nick choose his own lawyer - a Balldoverse™ Story

Spoiler: Nick's PNGs

 

[prolapsed_cranium]

That's a political view, not a statement of law. Under the law, Brady material meeting certain levels of relevance and impact must be disclosed, full stop.

It's a legal reality.

Trial courts aren't dismissing cases left and right, and Apppellate courts aren't finding reversible error each time they find a Brady violation.

Nick needs a family lawyer probably more than he needs a criminal lawyer, and not because of the impending divorce, but because of the CPS case and related investigations.

The criminal case is far more critical, and the one he has a chance of winning....even if the percentages are microscopic.

There's little an attorney can do to help Nick in his CPS case. He should still have White or someone else represent him, but they're of limited use. There's only one thing Nick can do at this point: Comply with the case plan.

That's it.

 

[RodgerDodger]

If he doesn't take a deal before omnibus he's essentially fucked. Even though I'm sure the DA is confident the warrant is water tight, he isn't going to want to test that if he doesn't have to. If Nick goes to omnibus, gets his ass handed to him, and is denied an interlocutory appeal, then the only incentive for the DA to negotiate a deal is to avoid a trial that he's almost guaranteed to win handily. Basically, Nick's leverage for a favorable deal is greatest before the omnibus.

You can't appeal a failed challenge to the warrant as an interlocutory appeal. Only after final judgement is rendered. Aka he's convicted.

And the warrant is incredibly unlikely to be tossed. Whoever wrote the warrant request really knew what they were doing.

 

[A Cardboard Box]

You can't appeal a failed challenge to the warrant as an interlocutory appeal.

Again, this is debatable. I expect them to ask for an interlocutory appeal under collateral order doctrine. Now, as I have no fucking clue how appellate courts in Minnesota work, I have no idea what they would say, but I see the possibility of an interlocutory appeal being granted as higher than the warrant being tossed, which is virtually zero.

 

[AnOminous]

This has all already been discussed.

The rules do not permit conditional pleas of guilty by which the defendant reserves the right to appeal the denial of a motion to suppress evidence or other pretrial order. Rule 26.01, subd. 4 implements the procedure authorized by State v. Lothenbach, 296 N.W.2d 854 (Minn. 1980), which allows a defendant to stipulate to the prosecution's case to obtain review of a pretrial ruling. Rule 26.01, subd.4, "replaced Lothenbach as the method for preserving a dispositive pretrial issue for appellate review in a criminal case." State v. Myhre, 875 N.W.2d 799, 802 (Minn. 2016). Rule 26.01, subd. 4, limits appellate review to the dispositive pretrial issue. Rule 26.01, subd. 3, should be used if there is no pretrial ruling dispositive of the case, and if the defendant wishes to have the full scope of appellate review, including a challenge to the sufficiency of the evidence. See State v. Busse, 644 N.W.2d 79, 89 (Minn. 2002).

https://www.revisor.mn.gov/court_rules/cr/id/26/

So if an interlocutory appeal under the collateral order doctrine is unavailable, the defendant can seek immediate review of a pretrial motion to suppress by stipulating to the prosecution's case. This is procedurally different from the conditional plea available in some other states, but achieves a similar result in that it doesn't waste time on a full trial when the results of the motion to suppress are effectively outcome-determinative.

 

[A Cardboard Box]

This has all already been discussed.

https://www.revisor.mn.gov/court_rules/cr/id/26/

So if an interlocutory appeal under the collateral order doctrine is unavailable, the defendant can seek immediate review of a pretrial motion to suppress by stipulating to the prosecution's case. This is procedurally different from the conditional plea available in some other states, but achieves a similar result in that it doesn't waste time on a full trial when the results of the motion to suppress are effectively outcome-determinative.

Thank you for the Minnesota specific reference material. I must've missed the discussion about this previously.

 

[AnOminous]

Thank you for the Minnesota specific reference material. I must've missed the discussion about this previously.

I should note I haven't specifically looked at whether an interlocutory appeal might also be available, but it would probably depend on the specifics of the case. This would really only come up if Nick really is in a "challenge every single thing" mode, which we don't know yet. Although he's making noises like that, it could just be an aggressive way of encouraging a more favorable plea.

 

[Watching Rekieta]

Lawdogs, is the contested omnibus hearing his chance to get the warrant thrown out?

Would you guys read anything into these filings, or is Rackets just following the expected script for any defendant?

The omnibus hearing is where prosecutor lays out the probable cause for the crimes he's charged with. Nick will try to throw out as much as he can including. He's following the script.

If he doesn't take a deal before omnibus he's essentially fucked. Even though I'm sure the DA is confident the warrant is water tight, he isn't going to want to test that if he doesn't have to. If Nick goes to omnibus, gets his ass handed to him, and is denied an interlocutory appeal, then the only incentive for the DA to negotiate a deal is to avoid a trial that he's almost guaranteed to win handily. Basically, Nick's leverage for a favorable deal is greatest before the omnibus.

I don't think so. The prosecutor is looking for victory but also justice. Just outcomes don't change after the probable cause hearing. The prosecutor still wins with a felony plea. After Nick learns that all the evidence will be admissible, a deferred adjudication plea deal is still in the states interest and but much more so in Nicks interest. The state doesn't want to put non-violent criminals prison or break-up families. Prosecutor will bend over backwards to get Nick clean, out of prison and with his family. They really only care about the kids. They wouldn't have even bothered investigating if kids weren't involved. If Nick chooses to go to trial is when they will seek prison. They have to do that to protect the plea process, but not just because Nick went to an omnibus hearing. Very few plea deals are reached before a court reviews the probable cause behind the charges. Defendants can't even evaluate a plea agreement until then. It would be like getting a plea agreement to stop a grand jury from meeting.

 

[Darkholme's Dungeon]

The statute they were charged under is for possession of methamphetamines and narcotics. The charging document mentioned that they did field tests for meth and narcotics that came back positive. I cannot recall, but I think it was for general 'narcotics'.

The drug statue is a general catch all for all controlled substances. There's upgrading criteria depending on the type of drug (specifically heroin). In theory if you had a Vicodin prescription that was expired you could be charged for it too.

They had the following.
EDIT: WRONG DRUG SORRY -Meth
Coke
Ketamine
"Unknown brown substance not responsive to any in field drug test".

The last one means it wouldn't be any of the major ones. So either:
1) Nick is abusing some odd prescription drug not commonly seen abused (eg: Methyldopa, a vasodilator)
2) He got ripped off
3) It's a lesser known non prescription (kratom, some traditional medicine shit)
4) It's not drug-related and was something else, like coke nose snot, shit (Hard and heavy drug addicts can do some insane shit, like clawing out their eyes so I wouldn't be surprised).

If he got ripped off I think it is gonna be glorious, he might throw his dealer under the bus because we know he doesn't have enough balls to shoot him.
When I was a kid, a hispanic friend of mine gypped off some frat boys by selling off a bag of white flour+sugar as cocaine. He had to move because two dudes showed up next day wandering around with a shotgun and a sledgehammer.and Followed by their frat brothers trying to play PI for a few months.

 

[RodgerDodger]

The drug statue is a general catch all for all controlled substances. There's upgrading criteria depending on the type of drug (specifically heroin). In theory if you had a Vicodin prescription that was expired you could be charged for it too.

They had the following.
Meth
Coke
Ketamine
"Unknown brown substance not responsive to any in field drug test".

The last one means it wouldn't be any of the major ones. So either:
1) Nick is abusing some odd prescription drug not commonly seen abused (eg: Methyldopa, a vasodilator)
2) He got ripped off
3) It's a lesser known non prescription (kratom, some traditional medicine shit)
4) It's not drug-related and was something else, like coke nose snot, shit (Hard and heavy drug addicts can do some insane shit, like clawing out their eyes so I wouldn't be surprised).

If he got ripped off I think it is gonna be glorious, he might throw his dealer under the bus because we know he doesn't have enough balls to shoot him.
When I was a kid, a hispanic friend of mine gypped off some frat boys by selling off a bag of white flour+sugar as cocaine. He had to move because two dudes showed up next day wandering around with a shotgun and a sledgehammer.and Followed by their frat brothers trying to play PI for a few months.

Weirdly I doubt that it is shit. Or any other biological byproduct. They do actually know to recognize such things in the field. Trust me every police investigator has encountered feces in all it's oh so many forms.

The brown stuff will turn out to be something insanely stupid. Like axel grease for the Baldo.

That or Nick's dealer just sold him $3000 worth of primo grade pure black tar butter toffee.

 

[Darkholme's Dungeon]

Weirdly I doubt that it is shit. Or any other biological byproduct. They do actually know to recognize such things in the field. Trust me every police investigator has encountered feces in all it's oh so many forms.

The brown stuff will turn out to be something insanely stupid. Like axel grease for the Baldo.

That or Nick's dealer just sold him $3000 worth of primo grade pure black tar butter toffee.

I'm sorry, but aluminum complex grease for the balldo just makes me laugh so hard. Especially if it turns out to be Extra Pressure (EP) rated. In today's woke culture I'm half expecting whatever brand he uses to put that up as an advertisement of their product.

"Mobillux EP-2 Premium Multi-Purpose Lubricating Grease, designed to resist extreme pressures for a wide variety of equipment applications. Field proven to prevent pressure and friction induced testicular torsion with the Balldo (TM) or your money back!"
(Not a real commercial)

As someone who does EMS stuff, I said shit only because of the rare possibility. It's also much funnier if it does turn out to be shit.

 

[TheClappening]

Was it ever specified what the unknown brown substance was, in the sense what form it was in? Like, powder, (dried) liquid, gel, goop, etc?

I only remember "brown substance" being the only descriptor.

 

[FedPostalService]

I only remember "brown substance" being the only descriptor.

His name is “Drexel”, show some respect.