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

[Sam Losco]

Here we go again.
When will April file hers? Before or after Kayla's is DENIED?

 

[AnOminous]

also lol typo

Two paragraphs for this limp dribble of piss and the "lawyer" can't even spellcheck that.

 

[East_Clintwood]

>insufficient probable cause to search the house for controlled substances

Except the 25 grams of Cocaine. Where do they find these lawyers from ?

To be fair whether or not they ultimately find anything has no bearing on whether or not they had probable cause to search for it in the first place. That being said between the reports of the issues/potential neglect with the kids, the reported changes i behaviour observed by the community and oh yeah the little matter of the stream where there was literally cocaine visible on his giant fucking nose they absolutely had probable cause.

 

[River possum]

Rekieta's wife filed a motion to dismiss and suppress evidence
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It makes me wonder if this is what had Rekieta so fired up on Twitter the past couple of nights, admitting to cocaine use and the like.

 

[Balldo's Gate]

Two paragraphs for this limp dribble of piss and the "lawyer" can't even spellcheck that.

To be fair the Barneswalker fucked up by not even raising the issue at all and in a "bar is on the floor" sense they managed to clear that.
Though I don't know why they're bothering. It's not going to work.

Here we go again.
When will April file hers? Before or after Kayla's is DENIED?

Her hearing is the day after Kayla's, so it should be soon, even if it's just noticing what issues she will be raising like in Kayla's filing.

 

[Strix454]

Since I'm not sure what new arguments they could offer in this area, I would guess that this is just going to be a set of re-worked or re-hashed arguments from Nick's motion. That he is going to revisit the argument about CPS and do another round of arguments on the video. Post-franks motion I dont think that Nick has given up on either of these points. But given its the same judge, its difficult to see them making any progress with this.

 

[Captain Manning]

So, are now maybe back to him not pleading out?

It would seem weird to think she's gonna fight, and he's gonna surrender.

Since I'm not sure what new arguments they could offer in this area, I would guess that this is just going to be a set of re-worked or re-hashed arguments from Nick's motion.

There's no way. Same judge. That would be idiotic and super futile. It would just piss him off probably.

They can maybe run the entire gamut of Barnes arguments. Not Barnes-walker. Barnes-proper. White actually curbed his Barnes enthusiasm, and focused (way too much) on the video. Meanwhile, to hear Barnes tell it, this warrant violated every single amendment in the Bill of Rights, except the Third.

I don't think it'll work, but they could try it.

 

[thebigdream]

Here I was thinking Nick's silence could be a result of he and Kayla finally facing reality and working with their lawyers to hash out a plea deal. My optimism? DENIED. They're still in fucking fantasy land trying to find the 'magic words' which make the warrant disappear. They've reasoned that the price of their ego is greater than the cost of the two lawyers they're throwing money at for this crap. It's embarrassing. Any lawyer would take a look at that warrant and say it's tight, and that the search was carried out fairly. Pair that with the fact that the judge has very recently proven not to be sympathetic to these arguments and the whole exercise is absurd. Wake up to yourselves, or don't, it's funnier that way.

 

[Bogliacci]

Rekieta's wife filed a motion to dismiss and suppress evidence
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Looks like we've found out why he's been emboldened recently

 

[Bepis]

So, are now maybe back to him not pleading out?

It would seem weird to think she's gonna fight, and he's gonna surrender.

I wonder if he's hoping that Qayla getting the warrant thrown out in her case can get him a second bite at it in his? I'm not familiar enough with US law to know if that would work but I feel like Nick is dumb enough to think it will.

 

[Melty Butter]

So, are now maybe back to him not pleading out?

Yes, that's what Mindset foretold while everyone got distracted by shitting on him.

 

[Useful_Mistake]

>insufficient probable cause to search the house for controlled substances

Except the 25 grams of Cocaine. Where do they find these lawyers from ?

They found it  during the search. She is challenging their legal ability to have initiated the search at all.

 

[AnOminous]

Since I'm not sure what new arguments they could offer in this area, I would guess that this is just going to be a set of re-worked or re-hashed arguments from Nick's motion. That he is going to revisit the argument about CPS and do another round of arguments on the video.

They don't get to argue any of that. They are limited to the four corners of the document itself. No "the cops lied people died."

Only at a Franks hearing do you get to raise that. If it isn't in the document it isn't germane.

 

[SMOCAINE 4]

I wonder if he's hoping that Qayla getting the warrant thrown out in her case can get him a second bite at it in his? I'm not familiar enough with US law to know if that would work but I feel like Nick is dumb enough to think it will.

I was pondering Rackets’ Twitter enthusiasm the other night. I remember when he said he was reading all those medical papers about the tests being bogus, unreliable, etc. I bet Nick exhausted those, and has been frantically researching Minnesota case law on the topic. I don’t know anything about Minnesota Supreme Court decisions, or whether they have released any opinions recently which might speak to Nick’s case.

Do we think Nick has found the case (I.e., incorrectly interpreting some partially analogous case) which will save all three of them and give him a second bite of the Dorito?

 

[UncleTusky]

I wonder if he's hoping that Qayla getting the warrant thrown out in her case can get him a second bite at it in his? I'm not familiar enough with US law to know if that would work but I feel like Nick is dumb enough to think it will.

Like most things in American law the answer is kind of: Nick would not be entitled to a do over simply because his attorney made a flimsy argument while Kayla's made a stronger one, even though the facts are the same.

But if the resolution of Kayla's motion turns up evidence he could not reasonably have known about when his motion was filed, he could get a second bite at the apple by filing a motion based on the new evidence.

ETA: Independent of Kayla's motion Nick is entitled to appeal the denial of his motion. That said raising new arguments on appeal is generally not allowed, appeals will typically take documents already in the record to argue the lower court's ruling was based on an error of fact or law.

 

[Gobermental Supervisor]

Kayla's lawyer must be really hating Nick.

She can plead and try what she wants, the judge already found in the parallel case against Nick that the search was lawful and lists all the things they found.

The only thing she can try is screech the usual "probable cause" nonsense as a formality, because everything else was quiet literally fucked up so badly by Nick and his Barneswalker that there is no way Kayla could challenge anything anymore.

It is just formality to preserve the issue for an eventual appeal, just in case. Kayla's Lawyer Maggie Kluver has way too many cases to not fully understand this is never going anywhere.

 

[Strix454]

They can maybe run the entire gamut of Barnes arguments. Not Barnes-walker. Barnes-proper. White actually curbed his Barnes enthusiasm, and focused (way too much) on the video. Meanwhile, to hear Barnes tell it, this warrant violated every single amendment in the Bill of Rights, except the Third.

Yeah. Its unlikely that they can go there, but the one I really wanted to see argued was Barnes claims about people at the scene being denied their 6th amendment right to legal representation by Nick at the scene.

 

[Useful_Mistake]

Yeah. Its unlikely that they can go there, but the one I really wanted to see argued was Barnes claims about people at the scene being denied their 6th amendment right to legal representation by Nick at the scene.

Eight Amendment prohibits cruel and unusual punishment.

 

[Captain Manning]

Yes, that's what Mindset foretold while everyone got distracted by shitting on him.

If Mindset didn't want to be shit on, maybe he shouldn't have been such a fag towards the Farms after Nick got arrested. As you saw, it did give him a credibility issue among the thread regulars. He should have just owned up and admitted he was wrong, instead of claiming the thread wasn't giving him what he wanted and he changed that.

But hey, I can be the bigger man. He may very well have an inside source. I even conceded somebody like Coomalot, a person nominally allied with Nick but with a very big mouth, could be feeding him information. It could be somebody else entirely, too.

Yeah. Its unlikely that they can go there, but the one I really wanted to see argued was Barnes claims about people at the scene being denied their 6th amendment right to legal representation by Nick at the scene.

That's a good one. Though my favorite is still that all bail is in violation of the Eighth Amendment.

Wentzell already addressed Barnes's idiotic idea that you can't get a warrant from watching a livestream. Remember he called Sean "Constitutionally illiterate" for (correctly) stating otherwise, and that he needs to go back to watching anime (confusing him with LM)?

Good times.

 

[Botchy Galoop]

Well, it's one thing having the search warrant thrown out for lack of probable cause, but they are also asking for any statements and confessions Kayla made during the execution of the search warrant be thrown out also. This could make Kayla's statement that April was the live-in nanny get tossed also, which could help Aprils claim that she was just visiting and was not residing in the Coke Den.
What else might Kayla have said during the search of the Balldo Bunker?