#23-AP-0014, Linden Thuynsma v. State of San Andreas

[Shaun Harper]

Appellant Name: Linden Thuynsma
Appellant Attorney(s): Shaun Harper

Trial Docket Number:
Presiding Trial Judge:
Notice of Appeal Filed:

• [ ] Before Verdict
  [X] After Verdict

Reason for Notice of Appeal:

• [ ] Motion to be overturned
  [ ] Errors in the trials procedure
  [ ] Errors in the judge's interpretation of the law
  [X] New evidence proving appellants innocence

Grounds for Appeal: (Maximum 150 words)

• The defense has gotten a new piece of evidence proving that the defendant was in fact at bayview when the crime occurred.

[Colt Daniels]

San Andreas Judicial Branch
San Andreas Court of Appeals
"EQUAL JUSTICE UNDER LAW"

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NOTICE OF ACTIVATION

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IN THE SAN ANDREAS COURT OF APPEALS

Linden Thuynsma v. State of San Andreas
#23-AP-0014

A Notice of Activation was entered in the above appeal on the 18th of November, 2023.

The case of Linden Thuynsma v. State of San Andreas is hereby activated by this Court under #23-AP-0014.

Both parties in this case are now hereby ordered to submit an initial written brief within the next seven days outlining their position of this appeal and giving any legal arguments as to why the court should rule in their favor.

Once submissions have been received, the court will either issue a decision or ask that parties submit an additional response for clarification, if required. If after seven days one of the parties in this appeal have failed to submit their brief the court will make a decision based on the information it has available.



Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]

[Shaun Harper]

San Andreas Judicial Branch #23-AP-0014, Linden Thuynsma v. State of San Andreas "EQUAL JUSTICE UNDER LAW"

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• Honorable Judge Daniels and pertaining parties,
  
  We the defense as stated in our Grounds for Appeal, have uncovered a crucial piece of evidence. A recent discovery of CCTV footage from Bayview unequivocally places the defendant at the scene when the alleged crime occurred.
  
  CCTV from Bayview

  CCTV footage
  This newly obtained evidence challenges the previous narrative surrounding the defendant's location and activities during the incident. Showing he was in fact at Bayview the entire time.
  
  Respectfully,
  
  
  Chief Public Defender
  Director of Training & Hiring
  San Andreas Judicial Branch
  (909) 308-7889 — [email protected]

[Kendall Groyce]

San Andreas Judicial Branch
Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

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NOTIFICATION OF COUNSEL

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IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Linden Thuynsma

A Notification of Counsel was filed in the above case on the 24th of November, 2023.

I, Kendall Groyce, a Prosecuting Attorney with the San Andreas Judicial Branch, will be representing the State of San Andreas, in the underlying case.

I will be taking the responsibility of Primary Counsel and will await further instruction from the Presiding Judge.



Prosecuting Attorney
San Andreas Judicial Branch
(909) 489-9881 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
Re: #23-AP-0014, Linden Thuynsma v. State of San Andreas
"EQUAL JUSTICE UNDER LAW"

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• Parties,
  
  It appears there has been some miscommunication regarding the counsel of this case. The court was under the impression that the same counsel that represented both parties in the case of #23-CM-0094 would also be the same counsel that acted in this case as the appellant and respondent.
  
  Now that this has been clarified with Attorney Groyce's Notification of Counsel I will be allowing her the previously prescribed seven days from the Notification of Counsel to respond with a written brief of her own.
  
  Respectfully,
  
  Associate Justice
  San Andreas Judicial Branch
  (909) 402-9713 — [email protected]

[Kendall Groyce]

San Andreas Judicial Branch
Re: #23-AP-0014, Linden Thuynsma v. State of San Andreas
"EQUAL JUSTICE UNDER LAW"

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• Honorable Judge Daniels and pertaining parties,
  
  The prosecution has reviewed the new evidence provided to this case by the defense and we do not question the validity of the footage provided. We have nothing further to provide at this time and await the judges ruling.
  
  Respectfully,
  
  
  Prosecuting Attorney
  San Andreas Judicial Branch
  (909) 489-9881 — [email protected]

[Colt Daniels]

San Andreas Judicial Branch
San Andreas Court of Appeals
"EQUAL JUSTICE UNDER LAW"

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COURT DECISION

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IN THE SAN ANDREAS COURT OF APPEALS

Linden Thuynsma v. State of San Andreas
#23-AP-0014

A decision was reached in the above case on the 5th day of November, 2023.

In light of the proceedings and the verdict issued by the presiding judge in case #23-CM-0094, State of San Andreas v. Linden Thuynsma, this Court has undertaken a comprehensive review of the evidence presented during the trial and the newly discovered CCTV footage from Bayview.

The previous trial extensively analyzed the incident at Del Perro Pier, with the presiding judge delivering a guilty verdict based on compelling evidence presented by the prosecution. The judge found the identification of Linden Thuynsma as the individual in the body camera footage to be credible and established guilt beyond a reasonable doubt for WM02 - Possession of a Class 1 Firearm, GM19 - Face Concealment (b), and GM21 - False Imprisonment.

However, the defense, in the appeal, has submitted crucial new evidence in the form of CCTV footage from Bayview, contradicting the previously established narrative. This footage incontrovertibly places Linden Thuynsma at Bayview during the time of the alleged crime, directly challenging the prior assumption of his presence at Del Perro Pier.

The discrepancy between the defendant's alleged location at the scene of the crime and the evidence placing him elsewhere raises significant doubts regarding the accuracy of the original guilty verdict. The newly discovered evidence fundamentally alters the circumstances surrounding the case and warrants a reevaluation of the previous judgment.

Given the compelling nature of the newly discovered evidence and its direct contradiction of the initial narrative, this Court finds it imperative to overturn the previous verdict. The case is hereby remanded back to the Superior Court under the jurisdiction of the original presiding judge, Chief Justice Mason for a retrial.

The defendant, Linden Thuynsma, shall be afforded a new trial where the newly obtained CCTV footage from Bayview shall be thoroughly considered alongside all other evidence presented. This case is now closed.


Associate Justice
San Andreas Judicial Branch
(909) 402-9713 — [email protected]