Watch the full video at https://rumble.com/v2si9ya-convicted-killer-must-stay-in-jail.html and at https://youtu.be/MEFB0CI1vEA
Pro Se Party has a fool for a client
IN State Of Delaware v. Ryan Shover, ID No. 1511001640, Superior Court of Delaware (May 15, 2023), the appeals court considered proceedings by convicted murderer and insurance fraudster Ryan Shover acting as his own attorney.
Ryan Shover was found guilty of two counts of First Degree Murder, two counts of Possession of a Deadly Weapon during the Commission of a Felony, First Degree Conspiracy and Insurance Fraud. The Delaware Supreme Court issued its mandate and affirmed the Superior Court’s ruling. The defendant then filed a pro se Motion for post-conviction relief and motion for appointment of counsel and the Supreme Court granted the motion for appointment of counsel.
Appointed counsel filed a motion to withdraw and informed the court that, after a thorough review of the record, defendant’s claims were without merit and that there were no additional meritorious claims that he could ethically raise.
The defendant then applied pro se a motion for reconsideration of his post-conviction motion and a second pro se Motion to Comel. The court denied defendant’s second motion to compel on the same grounds it denied his first motion to compel.
Appointed counsel advised the court that he concluded that defendant’s claims lacked sufficient merit to the point that he could not ethically advocate defendant’s position. In the motion to withdraw, appointed counsel engaged in a detailed analysis of defendant’s claims before concluding that they lacked merit.
With respect to a defendant’s motion for postconviction relief, Supreme Court Penal Rule 61(a) states that such motions must be based on a sufficient factual or legal basis. Superior Court Criminal Rule 61(b)(2) requires that post-conviction motions “specify all grounds for relief available to the movant . . . and shall state in summary the facts supporting each of the grounds so stated.”
After a review of the motion for postconviction relief and motion to withdraw, in addition to the applicable judicial authorities, it was apparent to the Court of Appeals that defendant’s basis for relief was not valid.
Additionally, the court concluded that the defendant’s constitutional right to confront witnesses was not violated by a witness refreshing his memory with the FBI agent’s typed notes of the witness’s prior out-of-court statement because the State was permitted to refresh a witness’s memory therein. manner under Delaware Rule of Evidence 612. It was the witness’s testimony in court, not the typed notes of the witness’ earlier statement, that constituted the evidence that went to the jury.
Therefore, the appointed ombudsman’s request for revocation was granted and the prosecution was held Pro Se The request for post-conviction relief was denied in its entirety.
Courts tend to protect the rights of a pro se party, even a convicted murderer, but should reconsider that tendency. The Delaware court provided an attorney to handle the defendant’s motion for post-conviction relief only to have that attorney move for relief because there was no basis in fact or law for the relief sought and it would be unethical for an attorney to represent Ryan Shover. Bending over backwards, the appeals court considered the bogus arguments, wrote a detailed opinion and denied relief. Shoyer will serve his entire sentence.
(c) 2023 Barry Zalma & ClaimSchool, Inc.
Subscribe and receive videos limited to Excellence in Claims Handling subscribers on locals.com https://zalmaoninsurance.locals.com/subscribe.
Please consider subscribing to my publications on substack at https://barryzalma.substack.com/publish/post/107007808
Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01
Barry Zalma, Esq., CFE, can be found at http://www.zalma.com and email@example.com
Follow me on LinkedIn: www.linkedin.com/comm/mynetwork/discovery-see-all?usecase=PEOPLE_FOLLOWS&followMember=barry-zalma-esq-cfe-a6b5257
Write to Mr. Zalma at firstname.lastname@example.org; http://www.zalma.com; http://zalma.com/blog; daily articles are published on https://zalma.substack.com. Access the Zalma On Insurance podcast at https://podcasters.spotify.com/pod/show/barry-zalma/support; Follow Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; https://creators.newsbreak.com/home/content/post; Go to Insurance Claims Library – https://zalma.com/blog/insurance-claims-library.