Appellant Name: Hassan Readick
Appellant Attorney(s): Shaun Harper, Cyrus Raven
Appellant Attorney(s): Shaun Harper, Cyrus Raven
Trial Docket Number: #22-CM-0066
Presiding Trial Judge: Chief Justice Colt Daniels
Notice of Appeal Filed:
Presiding Trial Judge: Chief Justice Colt Daniels
Notice of Appeal Filed:
- [ ] Before Verdict
[X] After Verdict
Reason for Notice of Appeal:
- [X] Motion to be overturned
[ ] Errors in the trials procedure
[X] Errors in the judge's interpretation of the law
[ ] New evidence proving appellants innocence
- At the issuance of verdict, it was determined by the court that the Defendant was found not-guilty of Face Concealment (b) and Failure to Comply / Identify. This was because the prosecution had failed to establish, beyond a reasonable doubt, that Mr. Readick had been wearing a face mask in the first place. This was further substantiated by the fact that the only accessory that could even be remotely considered a mask was in fact a scarf which only covers the neck and no part of the head or face.
With this decision, it is clear that the prosecution was unable to establish the presence of a mask, making the request to remove the mask unlawful. It is with this determination that the Defense feels that the charge ''resisting arrest'' should likewise be found non-guilty as logically, someone is unable to resist being arrested for a crime they did not commit.
To put it into a simple example. This would be the same as if an Officer ordered a civilian to kill someone, the civilian refused the unlawful order and ran away and the Officer then proceeds to arrest the civilian for resisting arrest. The court would then find the order to be unlawful and invalid, but would uphold the charge of resisting arrest.