State v. Sinclair (HUT)

Head Clerk Blake Moore

Date: 14th April 2025
DA:
Defendants: Isaiah Sinclair
Defendants Phone #s: 555-3064
Investigation ID: 4641
Lawyer Involved: None Available
Arrest ID: 25260

Hold Until Trial:
1x Weapons Trafficking

Charge(s):
1x Attempted Aggravated Imprisonment of a Government Employee
1x Obstruction of Justice
1x Misdemeanour Possession of a Controlled Dangerous Substance

Head Clerk Blake Moore

@580 A. Sharpe and @Benjamin Law

580 A. Sharpe

My availability has been added.

Ferst Temple

Notice of Entry
Ferst Temple entering solely in an attempt to get a bail request for the individual at this time.

Benjamin Law

[unknown]

Mine has been added

Ferst Temple

Noting that my availabilities are completely opposite of Mr Law so wouldn't be available when he is.
I am at this time still entered as the lawyer assisting Mr Sinclair at this stage but he will be seeking to add an additional lawyer for handling the court case on the day.

Ferst Temple

Motion to Dismiss - Discovery violations & right to a speedy trial

This incident took place on the 14th and my client was arrested the same day. It is now the 21st.

Discovery Standards set out by Justice Faily
On 26/03/2025 Justice Dan Faily announced the following rules for arrests going forward as standards.

"When someone is arrested for a HUT, Police / DA's have to:
Docket post in 24 hours or less
All reports delivered in 72 hours."

The standards set out in this state are that all reports are to be provided within 72 hours of the arrest. Myself and my defendant have been waiting more than double that time now without any reports being produced allowing us to:

Challenge probable cause
Provide evidence that proves my clients innocence
Create a defense in a manner that provides my client with a speedy trial
Due to the nature of my clients debt it is unlikely that he will be eligible to receive bail and with a lack of a speedy trial being available, he is rotting away in jail - with no judge assigned to this case.

580 A. Sharpe

Rebuttal to whatever Ferst just said:

Facts presented as follows:

Benjamin Law, the defendant's registered attorney, has been added to this investigation from Day 1.
The State has complied fully with the discovery process and the report was fully produced within the space of 72 hours.
Nobody has attempted to contact me directly to get them added to this report. My number is readily available in the MDT.

Ferst, this underhanded chicanery when it comes to using the docket to get what you want, without any effort to contact officers involved to ensure you get what you need is frankly beneath you. Additionally, the state is not responsible for a judge not being attached.

Ferst Temple

Rebuttal to the above.

Stating items as facts doesn't make them true.

"Benjamin Law, the defendant's registered attorney, has been added to this investigation from Day 1."

A lawyer is required to post notice of entry. At this time, I am the only lawyer with a notice of entry on this docket.
You can look at State v. Cockburn for a beautiful example of this from Mr Law.

"The State has complied fully with the discovery process and the report was fully produced within the space of 72 hours."

At the time of post (past 72 hours of being entered on the docket), no reports were provided to the retained and entered lawyer.

"Nobody has attempted to contact me directly to get them added to this report. My number is readily available in the MDT."

Lawyers do not have access to the MDT. Attempts to call 411 have proven ineffective. Attempts via the District Attorney's office were also ineffective due to the reports being made unavailable to The State. See State v. Cockburn.

Our motions remain as posted.

Benjamin Law

At this time @Ferst Temple is the only lawyer entered in the docket to represent Sinclair, Originally Mr Sinclair contacted me for assistance but due to inability to reach the DAO or get bail posted (Refer to relevant bail docket) @Ferst Temple then entered and is currently representing Mr Sinclair.

As stated above Temple may not be available for on the day representation due to timing so myself adding availability is merely a placeholder and not a notice of entry.
Regarding to the "Added from day 1" assuming this is referring to the filed subpoena was again Mr Sinclair initially intended for my assistance but then followed up with Temple. Apologies for any confusion.

580 A. Sharpe

The only notice of entry posted by Ferst is this:

One does not need report access for a bail posting, nor do they even ask to be added to the report. I stand by my statement that efforts have clearly not been made to inform Law Enforcement. You have both represented individuals in the cells, I saw you face to face yesterday Mister Law. A lack of effort on the part of the defence does not constitute an error on the part of the state.

My rebuttal remains as it is, the report was produced within 72 hours and provided to Benjamin Law (The one attorney Isaiah Sinclair had at the time) within that window.

Theodore Lars

Notice of Entry

Theodore Lars entering....for now.

Motion to Dismiss Denied.
The report was provided to the original lawyer timely. Please provide the report to Ferst as soon as possible now that notice has been given.

580 A. Sharpe

Ferst has been added to the report as requested.