Appellant Name: Gregory Kumerow
Appellant Attorney(s): Greg Kumerow, Roderick Marchisio
Appellant Attorney(s): Greg Kumerow, Roderick Marchisio
Trial Docket Number: #23-CM-0036
Presiding Trial Judge: Robert Winejudge
Notice of Appeal Filed: 15/04/2023
Presiding Trial Judge: Robert Winejudge
Notice of Appeal Filed: 15/04/2023
- [X] Before Verdict
[ ] After Verdict
Reason for Notice of Appeal:
If such an exception were there, it should have been easily visible and yet only circumstantial evidence to suggest it has been brought forward.
Furthermore, he was being arrested for failure to comply.
The prosecution believes the presiding judge has misinterpreted the face concealment citation and its consequences by sidestepping the reasonability of wearing a mask in this scenario.
- [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
- Motion to be overturned
The prosecution specifically notes this motion to suppress, granted 14th of April, 2023.
Errors in judge's interpretation of the law
Clerk Winejudge states in his decision thatTo conclude, Mr. Haswell was under no legal obligation to comply with a seemingly separate investigation that law enforcement was conducting. The court believes that due to this, his arrest was unlawful
If such an exception were there, it should have been easily visible and yet only circumstantial evidence to suggest it has been brought forward.
Furthermore, he was being arrested for failure to comply.
The prosecution believes the presiding judge has misinterpreted the face concealment citation and its consequences by sidestepping the reasonability of wearing a mask in this scenario.