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Rev. Pinkney Wins One
The Michigan Appeals Court handed down its decision the week of July 13. According to a statement issued by BANCO (see below) Rev. Pinkney, who was even unable to attend a hearing on his own appeal, won his appeal on parole violation:
Rev. Pinkney won the Probation Violation -- Free Speech -- issue (violating his probation by writing an article). He spent over a year in 8 Michigan prisons because the powers in Berrien County wanted to remove him, albiet illegally.
All of Berrien County Judge Dennis Wiley's decisions are rescinded by the Appeals Court. This includes the decision to imprison Pinkney.
As for the voter charges, the Appeals court denied Pinkney a new trial. The decision states that Berrien County committed 13 errors which were "harmless." Rev. Pinkney says that all of the errors were, in fact, harmful.
Pinkney feels good about the decision, which will allow him to continue the battle with the Berrien County Courthouse.
The decision states, in part:
Judge Butzbaugh agrees that the paraphase of Deuteronomy 28 is not defensible as anything other than hyperbole and that the paraphase could not serve as a lawful basis for revoking defendant probation.
[Yet Wiley sent Pinkney to prison for a threat, and revoked his probation.]
To the extent the prohibition of defamatory and demeaning behavior impinges on defendant's First Amendment rights, the prohibition was not proper as it was not directly related to defendant's rehabilitation nor to the protection of the public.
Because the prohibition was not proper, the trial court abused its discretion in revoking defendant probation, the order revoking defendant probation is reversed.
Rev. Pinkney available by phone and email: 269-925-0001, banco9342@sbcglobal.net
bhbanco.org (please sign petition)