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Convicted murderer Charlie Ely refuses to answer questions based on fifth amendment rights during the third day of Amber Wright and her brother Kyle Hooper's first degree murder trial at the Marion County Judicial Center in Ocala, FL on Friday June 8, 2012. Wright and Hooper are accused in the brutal slaying of Wright's former boyfriend Seath Jackson in April 2011. The murder occurred at her trailer and she was convicted for her participation. (Alan Youngblood/Ocala Star-Banner)2012

As Michael Bargo's appeal remains pending before the Florida Supreme Court and Amber Wright's case ping-pongs between the trial and appellate courts, a third co-defendant Charlie Ely is trying to get some post-conviction relief of her own.

Ely recently filed a 45-page motion claiming her defense attorney was ineffective in handling her case. She said she is entitled to post-conviction relief in the form of a new trial.

Ely, now 22, was one of five young people charged with first-degree murder in the 2011 death of Seath Jackson, 15. She was found guilty on Sept. 23, 2011, and sentenced to life in prison.

In her motion, Ely, takes issue with her trial counsel's decision to take the case to trial only five months after the murder; failing to dismiss jurors from the panel who gave the appearance they couldn't be unbiased; failing to preserve objections for the appellate record and renew previous objections; and allowing certain incriminating evidence to come before the jury.

Ely argues that these mistakes constitute a violation of her civil rights. The cumulative effect of counsel's errors deprived the defendant of her right to a fair trial, Ely wrote in her motion. She is representing herself on appeal.

She argues that, had her attorney done things differently, perhaps her case's outcome would have been different.

Trial evidence showed Ely aided Wright's attempts to lure Seath to Ely's Summerfield home, where co-defendants Michael Bargo, Justin Soto and Kyle Hooper were. The men were accused of helping beat, shoot and burn his body in a backyard fire pit before placing the ashes in paint buckets and dumping them into a lake at the bottom of a lime rock quarry.

Ely was the first of five teen co-defendants to stand trial. Her attorney did not waive her right to a speedy trial, and therefore the state had to prosecute her within 90 days.

Ely argues that this move left her with a biased jury pool selected from a community still enraged over the highly publicized crime.

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Woman convicted in Seath Jackson murder seeks post-conviction relief

BATAVIA Former Batavia High School social studies teacher John Dryden is among eight candidates running for three seats on the Batavia School Board in April.

Monday was the first day for candidates to file for the April 7 consolidated election. They have until Monday to file their nominating petitions.

Because all Batavia school board candidates filed at 8:30 a.m., there will be a lottery at 10 a.m. Friday at the Kane County Clerks Office to determine ballot placement.

Dryden recently retired from Batavia School District 101. He made local and national headlines last year when he instructed his students that they had the Fifth Amendment right not to incriminate themselves before answering an in-class survey about emotional and at-risk behavior.

In addition, Batavia School Board President Cathy Dremel filed to run for re-election, along with board member Melanie Impastato, who was appointed to the board in June 2013 after the resignation of school board member Kathleen Roberts.

Other Batavia School Board candidates include William Bill Gabriel, Ellen Knautz, Christopher Lowe, Michelle Olache and Ron Rechenmacher.

Batavia City Council

In the city of Batavia, Carl Dinwiddie filed a nominating petition for the 1st Ward, and 3rd Ward Alderman Dan Chanzit, 4th Ward Alderman Susan Stark, 5th Ward Alderman Lucy Thelin Atac and 7th Ward Aldermen Dave Brown filed for re-election.

In addition, Michael Russotto and Ron Rechenmacher filed to run in the 6th Ward.

Messenger Library Board in North Aurora

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8 candidates running for three seats on Batavia School Board

Just A Summary | The Fifth Amendment: A Comprehensive Approach
JUST A SUMMARY - THE SUMMARY YOUR FAVORITE BOOK =--- Where to buy this book? ISBN: 9780313296857 Book Review of The Fifth Amendment: A Comprehensive Approach by Alfredo ...

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Just A Summary | The Fifth Amendment: A Comprehensive Approach - Video

AP

The NFL Players Association intended to scrutinize immediately the new personal conduct policy for terms that permit potential legal challenges, either through arbitration or a claim with the National Labor Relations Board.

Per a source with knowledge of the situation, the NFLPA has identified multiple specific areas of concern and communicated those concerns to the Executive Committee and board of player representatives. The three biggest issues are summarized below.

First, the union disputes the leagues belief that Fifth Amendment rights have no relevance to the new policy. We disagree and will vigorously protect ALL players 5th Amendment rights; we will ensure that an NFLPA attorney and criminal attorney protect a player at every step of any NFL investigation, NFLPA management informed the Executive Committee and player representatives in a memo, a copy of which PFT has obtained. This is crucial for players protection because any information gathered in an employers investigation is not privileged, and law enforcement could obtain and make prosecutorial decisions based on such information. The NFLPA also will aggressively address the possibility that a player who invokes his Fifth Amendment right will be disciplined for failing to cooperate with the leagues investigation.

Second, the NFLPA disagrees with the plan to put players on paid leave when charged with a crime of violence. [W]e strongly object to such unilateral action by the Commissioner/Owners, in no small part because many players have contracts that include significant roster bonuses, etc., the NFLPA said. Moreover, the removal of a player from the field is a form of discipline regardless of whether he is paid his paragraph 5 salary. We do not believe that unilaterally placing players on the Commissioner Exempt list with pay before issuance of discipline in form of fine or suspension is permitted by the CBA or NFL Constitution.

Third, the NFLPA contends that the new approach to discipline under the Personal Conduct Policy, with the Commissioner delegating the initial decision to a to-be-hired Special Counsel for Investigations and Conduct, violates the plain language of the Collective Bargaining Agreement.

This new disciplinary structure violates the CBA, the NFLPA explained to the players. Article 46 of the CBA, which was obviously collectively bargained, contains the specific agreement that the Commissioner issues the initial discipline, and the parties agreed that he can delegate appeal decision rights; the CBA language allowing for delegation is specific and its absence for the Commissioner to delegate to another NFL paid position is clear.

The NFLPA may challenge these and other provisions by pursuing a system arbitration under the labor deal or filing a complaint with the National Labor Relations Board.

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Union has multiple legal concerns regarding new conduct policy

The jibe about how DAs can get a grand jury to indict a ham sandwich was uttered by a former chief judge of New York state, Sol Wachtler. Now the progressives want to make ham sandwiches out of the cops in addition to the rest of us.

The rush is on in Albany for a law that would require appointment of a special prosecutor whenever a police officer kills an unarmed civilian. You could have Zeus for your local DA; a special prosecutor would still be required.

This brainstorm is being hawked by the leftist politicians after a grand jurys failure to indict Officer Daniel Pantaleo in the death of Eric Garner. A similar law was also proposed in Missouri, after the fatal police shooting in Ferguson.

In Albany the measure is being readied by Assemblymen Karim Camara (D-Brooklyn) and Marcos Crespo (D-Bronx). This is a watershed moment, New York Citys public advocate, Letitia James, told the Associated Press this week.

Its clear that the system is broken, James says. The New York Times has come unglued over the issue, saying there is a crisis of confidence in prosecutors. The gist of the complaint is that grand juries so seldom indict police officers.

But what is a grand jury, anyhow?

My favorite definition is that a grand jury is a right, one designed to protect individuals from mob justice. At least in America and New York state, it is a right that inheres in all persons who are accused of a capital or otherwise infamous crime.

That language is from the Fifth Amendment, which is part of the Bill of Rights. No person, the amendment says, shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.

Similar phrasing exists in New Yorks Constitution, whose grand-jury protection is among the strongest in the country.

It doesnt say that no person shall answer for an infamous crime unless on indictment by a grand jury except for cops. It says no person period.

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Grand idea behind the grand jury