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

[St. Alia of the Knife]

Apparently Judge Wentzell watched the whole cokestream video.

Straight into my veins.

 

[Oxyjen]

It’s never been more Qover than this.

 

[Sheryl Nome]

Fun fact Nick can't appeal shit if he accepts a plea. But Nick is for sure right about everything. Trial. Gotta go to trial Nick

 

[Bill Evans 45]

The swing from "I´m streaming Thursday to dunk on Imholte" to "We lost it all!" today is neck breaking.

I took this thread off my watch list since nothing was coming up for a while, and then BOOM!
DENIED!
It's a good thing Nick is a sober and responsible adult with no history of substance when faced with adversity. Wouldn't want to be in that house right now. Cope and snort Lawpimp.

 

[Owlbear]

Judge Wentzell is becoming an a-log with his careful evidentiary analysis.

 

[Finger Pistols]

Any word on a plea deal now that Nick knows he's going into this trial with no lube and his hands around his ankles?

I really hope that the prosecution just decides to nail him to a cross and set him up as an example. He has wasted enough of the court times as is, might as well drag him kicking and screaming to the cross.

 

[Balldo's Gate]

lmao, they failed to notice the challenge of probable cause at the Omnibus hearing and therefore it is entirely thrown out.
hahahahahaha, they are so incompetent.

This is the sequence of what happened

In the state's response to Nick's motion filed by his Barneswalking lawyer, they request an additional briefing schedule if Nick was intending to challenge probable cause (rather than simply request a Franks hearing)



The Barneswalker in his reply wrote that "pursuant to the State's suggestion" Nick "does wish to turn this into a general probable cause dismissal" and requests an additional briefing schedule (presumably in the event they failed to win with the Franks hearing)

Yes that's right. According to this sentence the Barneswalker appears not to have even thought of challenging probable cause (the most obvious challenge to make at this stage of the proceedings) until "the State's suggestion" of it in their brief.

EVEN REKIETA WAS ABLE TO DO THIS WHEN HE WAS PRACTICING!

This statement appeared on the last page of the reply, page 8, under the "Conclusion" heading with no additional context earlier in the document that I could find.



The judge laughed it off below.... apparently he has no interest in wasting more time on this stupid shit.



The Barneswalker fucked up massively. It's not like it would have done any good in the end, because that wouldn't have worked either but Nick would be justified to be furious at this. It's beyond sloppy.

 

[Strix454]

That was an epic slap-down of Nick's motion. All his arguments were comprehensively dealt with in detail and done well enough that I don't see much of any window for an appeal on any of this. It was also delivered early and you can tell the judge was invested in doing it. Not good signs for Nick. Not good signs at all.

At this point, I think that any plea offer he gets isn't going to be any better than what the judge will sentence him to.

About all Nick has left is to argue about is the weight of the drugs. Even if this goes to trial, its going to be an extremely short trial.

 

[Anasûrimbor Kellhus]

HAHAHAHA NICK REKIETA IS FUUUUUCKED. HOW FUNNY WAS THAT FART NOW?!

 

[PyrrhicRustle]

HAHAHAHA NICK REKIETA IS FUUUUUCKED. HOW FUNNY WAS THAT FART NOW?!

It was still pretty funny.

 

[SMOCAINE 4]

The judge's order was filed today, somewhat earlier than expected, following the omnibus hearing in Nick Rekieta's case and the filings by Nick's lawyer and the state.

The results?

Rekieta's motion for Franks hearing: DENIED
Rekieta's motion to suppress evidence: DENIED
All other omnibus issues not argued with particularity or otherwise specifically identified to the Court: DENIED (having been deemed to be waived by Rekieta)

Spoiler: Document

View attachment 6450437View attachment 6450436View attachment 6450435View attachment 6450432View attachment 6450431View attachment 6450430View attachment 6450429View attachment 6450428View attachment 6450425View attachment 6450423View attachment 6450422View attachment 6450421View attachment 6450420

View attachment 6450448

Criminal / Minnesota lawyers here. Is this going to start some lengthy interlocutory appeal or are we going to have to wait for a verdict before the (inevitable) appeal based on the Franks denial?

 

[Desktop User2]

The Barneswalker in his reply wrote that "pursuant to the State's suggestion" Nick "does wish to turn this into a general probable cause dismissal" and requests an additional briefing schedule (presumably in the event they failed to win with the Franks hearing)

Yes that's right. According to this sentence the Barneswalker appears not to have even thought of challenging probable cause (the most obvious challenge to make at this stage of the proceedings) until "the State's suggestion" of it in their brief.

EVEN REKIETA WAS ABLE TO DO THIS WHEN HE WAS PRACTICING!

Oh, my bad, I thought he was still able to challenge the warrant on the probable case issue and the hearing denial was just regarding Pomplun misleading the judge but he missed the appropriated time to do so and is definitively fucked then? LMAO

 

[Owlbear]

Criminal / Minnesota lawyers here. Is this going to start some lengthy interlocutory appeal or are we going to have to wait for a verdict before the (inevitable) appeal based on the Franks denial?

Nick may attempt to file for an interlocutory appeal, but there is going to have to be a novel legal issue to tackle in that appeal. This is a routine drug case and a routine evidentiary issue, so he can ask for an appeal but I assume the appeals court will smack him down, and that may even happen relatively quickly. The Monty case had an appeal over an arcane legal issue in a weird form of lawsuit (defamation lawsuits between internet-famous lolcows don't happen every day), but this is about as run-of-the-mill as court cases get.

Also, I am not a lawyer, so it would be good to hear from an actual lawyer whether this is an issue that can go to an interlocutory appeal at all - I would normally assume that this would just be an appellate issue to handle after he loses.

 

[Pelican Bones]

This is the sequence of what happened

In the state's response to Nick's motion filed by his Barneswalking lawyer, they request an additional briefing schedule if Nick was intending to challenge probable cause (rather than simply request a Franks hearing)

View attachment 6450593

The Barneswalker in his reply wrote that "pursuant to the State's suggestion" Nick "does wish to turn this into a general probable cause dismissal" and requests an additional briefing schedule (presumably in the event they failed to win with the Franks hearing)

Yes that's right. According to this sentence the Barneswalker appears not to have even thought of challenging probable cause (the most obvious challenge to make at this stage of the proceedings) until "the State's suggestion" of it in their brief.

EVEN REKIETA WAS ABLE TO DO THIS WHEN HE WAS PRACTICING!

This statement appeared on the last page of the reply, page 8, under the "Conclusion" heading with no additional context earlier in the document that I could find.

View attachment 6450594

The judge laughed it off below.... apparently he has no interest in wasting more time on this stupid shit.

View attachment 6450595

The Barneswalker fucked up massively. It's not like it would have done any good in the end, because that wouldn't have worked either but Nick would be justified to be furious at this. It's beyond sloppy.

Imagine being a normal and otherwise competent lawyer. You look at Nick's documents and wonder "why aren't they bringing up probable cause?" You throw in an extra line about scheduling additional time, just in case, because in the back of your mind you aren't 100% certain of you are about to walk into some 4000 IQ trap or if you are just dealing with the dumbest shit ever.

 

[Darkholme's Dungeon]

The judge's order was filed today, somewhat earlier than expected, following the omnibus hearing in Nick Rekieta's case and the filings by Nick's lawyer and the state.

I just noticed a more complete firearms list on page 5 was listed:
Sig Sauer .380
Springfield Armory 1911
Remmington 870s 12 ga
Bunch of .223 and .45acp and .380 ammo in garage. Interestingly no 12 gauge shells.
This is in addition to the AR-15 found under the bed.

The shotgun is specifically omitted from the safe in the garage (Listed as "In the garage") compared to the others. Does/did Nick think safe storage = If I don't have ammo I can just throw it wherever? If you could stack charges for every firearm that's another failure to secure for children right there.

The SA 1911 is such icing on the cake since they bend back over to please gun grabbers like our nick does to other men..

 

[Pentamidine]

Edit: Might make a quick edit of him saying that the Franks would work with the documents overlayed and clown music.

Be sure to include the clip of him saying he's won on a Franks hearing under the same judge. Potentially Criminal looked up the case and Nick actually lost that hearing

The SA 1911 is such icing on the cake since they bend back over to please gun grabbers like our nick does to other men..

He brought the 1911 on stream once while absolutely shittered. He even pointed it at his head. He had a guest on, I don't remember who otherwise I'd try to find the clip.

 

[Vibralldo]

That bias judge just doesn't understand law like Russ Nick does and got the ruling wrong.

Wrong, kiwi prude stalker child, there is an ongoing conspiracy to frame Nick because he is so important and right wing that the deep state sees him as a major threat to their plans

 

[yydszmiteg2]

today is neck breaking.

Sadly not Nick's neck. Maybe if the trial goes worse he'll do the world a favour.

 

[Kopasea]

 

[Desktop User2]

If there is a plea deal, can Nick´s team include conditions in it such as sealing the bodycam footage?