Tory Lanez and his legal team Unite The People, have been working diligently on his upcoming appeal. In December his legal team filed a writ of habeas corpus, which included new witness testimony. On February 26, lead attorney Crystal Morgan filed an opening brief to start Tory’s appeal process. An appeal represents a crucial stage for individuals seeking a review of a court’s decision. One pivotal aspect of the appellate process is the filing of an opening brief, a document that plays a fundamental role in presenting the appellant’s case before the higher court. In this article, we explore the significance of an opening brief for appeal, shedding light on its purpose, structure, and its impact on the overall legal proceedings.
Filing Of The Opening Brief
An opening brief serves as the appellant’s initial opportunity to articulate the grounds for their appeal. It is a meticulously crafted legal document that outlines the key arguments, legal precedents, and factual evidence supporting the request for the appellate court to reconsider the lower court’s decision. The document aims to persuade the higher court that errors occurred during the trial or that the law was misapplied.
In a 100-page document obtained by Tea With Tia (CLICK HERE), Crystal Morgan with the assistance of attorney Jose Baez outlines several issues that were wrong with Tory Lanez’s original trial. Most of the issues raised focused on evidence that should not have been allowed, prosecution misconduct, and miscarriagee of justice.
Main Issues Raised In The Opening Brief
1. Objections Made About Megan’s Testimony
Objections were raised concerning testimony about Megan’s emotions on various grounds, including speculation and relevance. ​Defense counsel objected to the court allowing Megan to testify about her emotions and feelings regarding the incident and its aftermath, arguing that it was irrelevant and would only sway the jury by eliciting sympathy for the victim. ​
Counsel also objected to the introduction of Exhibit 18, a photograph depicting Tory with tattoos, arguing that it was irrelevant and would unfairly prejudice the jury by associating Tory with criminality based on his appearance. ​Additionally, counsel objected to the use of Megan’s testimony about third parties harassing and shaming her, arguing that it was irrelevant to Tory’s guilt or innocence and would improperly introduce collateral wrongful acts of third parties. ​
2. Use Of Rap Lyrics And Creative Expression Creates Prejudice
The use of rap lyrics and creative expression is considered unfair prejudice because it can be interpreted as evidence of a defendant’s character or propensity to commit a crime, rather than as relevant evidence of the specific charges at hand. ​Rap lyrics and creative expression are forms of artistic expression that may contain violent or controversial themes, but they do not necessarily reflect the defendant’s actual thoughts, intentions, or actions. ​
Using such evidence to suggest guilt or criminal behavior can unfairly bias the jury against the defendant and undermine the presumption of innocence. ​ Additionally, rap lyrics and creative expression are protected forms of free speech under the First Amendment, and their use as evidence in a criminal trial can have a chilling effect on an individual’s right to express themselves artistically. ​
The use of rap lyrics and creative expression can also lead to the introduction of racial bias and stereotypes into the proceedings, as they are often used as circumstantial evidence of motive or intent. ​However, rap lyrics and creative expression should not be used to imply guilt or criminal propensity based on societal biases and stereotypes associated with the genre. ​Furthermore, rap lyrics are often written as a form of artistic expression and may not reflect the defendant’s actual thoughts, beliefs, or intentions. ​
3. Prosecution Misconduct
The summary of the prosecutorial misconduct in this case includes several instances of improper conduct by the prosecution. ​This includes making appeals to emotion, using improper arguments, denigrating the defense counsel, introducing irrelevant evidence, chilling the Tory’s right to testify, showing unfair prejudice based on stereotypes and racial bias, and interfering with Peterson’s right to conflict-free counsel through unfounded allegations of bribery against his defense team. ​ These actions were not only unethical but also violated Tory’s constitutional rights to a fair trial and effective representation. ​
4. Using The Shaderoom As Evidence Is WILD!
Exhibit 40A is an Instagram post that was introduced as evidence during the trial. ​ It contains a screenshot of a post by user @LilJuMadeDaBeat stating, “This goofy a** n**** say he ain’t shoot [Megan] and they literally have matched the bullets form his gun to the ones in her foot.” ​ The significance of Exhibit 40A is that it suggests that Tory owned the gun used in the shooting and contradicts his claim that he did not shoot Megan. ​ This evidence was used to support the prosecution’s case against him. ​
However, the owner of thee gun was never determined, yet trial attorney did reference this to be Kelsey Harris’ gun during a pretrial readiness hearing on December 5, 2023. No one objected.
View this post on Instagram
What happens after the brief is filed?
After an opening appellate brief is filed, several steps typically follow in the appellate process. Keep in mind that specific procedures can vary depending on the jurisdiction and the nature of the case, but the following is a general overview:
- Appellee’s Response Brief:
- The party opposing the appeal (the appellee) is allowed to file a response brief. This document addresses the arguments presented in the opening brief and presents counter-arguments, legal analysis, and supporting authorities.
- Optional Reply Brief:
- The appellant may file a reply brief in response to the appellee’s arguments. This is typically a shorter document that addresses specific points raised in the response brief.
- Oral Arguments:
- Some appellate courts allow or even require oral arguments. During oral arguments, attorneys for both parties have the chance to present their case before a panel of judges. This allows for a more dynamic exchange and an opportunity for judges to ask questions.
- Decision:
- After reviewing the briefs and, if applicable, hearing oral arguments, the appellate court will make a decision. This decision may affirm the lower court’s ruling, reverse it, or modify it in some way. The court may issue a written opinion explaining the reasoning behind its decision.
- Possible Further Appeals:
- Depending on the outcome, either party may choose to seek further review, such as appealing to a higher court (e.g., a state supreme court or the U.S. Supreme Court). However, not all cases are eligible for further appeal, and the higher court must agree to hear the case.
- Implementation of Decision:
- If the appellate court’s decision modifies or reverses the lower court’s judgment, the case may be remanded (sent back) to the trial court for further proceedings consistent with the appellate decision.
The appellate process can be lengthy, and the specific timeline for these steps can vary. Additionally, the complexity of Tory’s case, the court’s caseload, and other factors can influence the overall duration of the appellate proceedings.
Tory has maintained his innocence from the beginning of this entire situation. Despite having many setbacks including his bail being denied pending appeal, he has remained positive. This is just the begining of his appeal. The world awaits the outcome of this very long legal battle with Tory Lanez.
Tea With Tia Twitter Space
— TeaWithTia (@RealTeaWithTia) February 28, 2024
