To request reprint permission for any of our publications, please use the “Contact Us” form located on this website. This publication may not be quoted or referred without our prior written consent. All articles published by KJK state the personal views of the authors. KJK publications are intended for general information purposes only and should not be construed as legal advice on any specific facts or circumstances. If you have any questions regarding this Virginia misdemeanor case or your constitutional rights to a fair process, contact Mark Rasch at or 301.547.6925. Rasch and Sangha’s defense team are hopeful the case will set a precedent to challenge the system and help the thousands accused of misdemeanor cases each year in Virginia. In a first-of-its-kind ruling in the state, Fairfax County Circuit Judge Richard Gardiner found that while the charge appeared legitimate, the arrangement was unconstitutional, noting that Sangha was robbed of fundamental safeguards for an equitable proceeding due to the lack of a prosecutor. Sangha appealed the conviction, and when Descano’s office declined to participate in the case once again, Rasch and the defense team filed a new motion to dismiss.
#SUSAN EARMAN TRIAL#
Sangha’s trial moved forward with Judge Earman questioning the police officer involved and ultimately convicting Sangha and sentencing him to six months in jail. Most significantly, no one takes on the important position of finding and turning over evidence that could indicate a defendant’s innocence, which prosecutors are required by law to do.įairfax County General District Judge Susan Earman dismissed the motion. In an interview, Rasch said that when judges take on the questioning of officers and witnesses, thereby assuming the role a prosecutor would take if they were handling the case, the judge is giving up their role as a neutral arbiter and violating the Constitution’s separation of powers between judicial and executive branches. Ahead of Sangha’s trial, Rasch and Sangha’s defense team filed a motion to have the case dismissed. Under Virginia law, prosecutors’ offices must handle all felonies and some appeals but are not obligated to handle misdemeanors. Descano declined to participate in the case of Harwinder Sangha, who was accused of violating court restrictions related to a drunken driving conviction. But this month - in a case spearheaded by KJK attorney Mark Rasch - a Fairfax County judge dismissed one such misdemeanor case on appeal in circuit court, which could have implications for how misdemeanor cases are handled in the state moving forward.įor background, Fairfax County Commonwealth’s Attorney Steve T. Aligning with a common practice across other jurisdictions in the state, judges and police officers often step in as “prosecutors” to move lesser offenses forward. Finally, the paper describes how the causal set approach to quantum gravity promises to provide a mechanism for realizing Becoming, though the form of Becoming that emerges may not conform to any of the versions discussed in the philosophical literature.In the summer of 2020, the top prosecutor in Fairfax County, Virginia announced that he did not have sufficient staffing to comprehensively examine and ethically prosecute misdemeanor cases. The results of the assessment differ in both minor and major ways from the ones in the extant literature. The paper then turns to an assessment of the problem and prospects of adapting Becoming models to relativistic spacetimes. However, attempts to construct Broad-type models in a non-cheating fashion reveal a number of problematic aspects of Becoming that have not received adequate attention in the literature.
In the Newtonian setting Broad-type models can be constructed in a cheating fashion by starting with a Newtonian block model, carving chips off the block, and assembling the chips in an appropriately structured way.
#SUSAN EARMAN HOW TO#
Broad's notion of Becoming has received a fair amount of attention in the philosophy-of-time literature, there are no serious attempts to show how to replace the standard 'block' spacetime models by models that are more congenial to Broad's idea that the sum total of existence is continuously increased by Becoming or the coming into existence of events.
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