By Carlos Miller
After winning my appeal, I filed what is called a motion to recover costs in order to recover the money I spent in preparing my appeal, which totaled a little more than $2,500, most of it from court and transcript fees.
In hindsight, I should have asked for the money I spent in probation and fines, but the deadline to file the motion snuck up on me and I didn’t have time to search for all the receipts.
Besides, I didn’t want to get jinx the whole thing by asking for money that I may have paid as a result of my conviction but that was not necessarily a cost that went into my appeal.
Last week, I received notice that my motion was granted, meaning I should be receiving a check for $2,528.40 any day now.
Maybe I can finally purchase the Canon 5d Mark II.
That, of course, is only a fraction of the more than $10,000 I have spent in fighting the charges. Hopefully, I can recover the rest in my planned civil suit.
Below are copies of my motion and the Appellant Court’s decision to grant the motion.
Carlos Miller’s Motion To Recover Costs
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Fernandez, as I mentioned in a 
17 responses so far ↓
1 Justin Rosenberg // Mar 9, 2010 at 12:16 AM
Congrats!!
2 Cristian // Mar 9, 2010 at 12:34 AM
Sweet.
Time to go celebrate by taking more pictures of cops!
3 discarted // Mar 9, 2010 at 2:24 AM
congrats, buddy.
4 Carlos Miller // Mar 9, 2010 at 2:50 AM
Thanks, guys!
5 Pete // Mar 9, 2010 at 4:04 AM
Excellent.
6 Workingindust // Mar 9, 2010 at 6:20 AM
Mmmmmm… 5D MkII
Combine with 50mm 1.2L
Photographic sweetness
Congrats on your victory on both fronts Carlos
7 John L. // Mar 9, 2010 at 7:12 AM
Can’t wait ’till you’re armed with a camera that can start video at the drop of a hat.
8 Michaelk42 // Mar 9, 2010 at 7:12 AM
Good job!
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9 The Straw Buyer // Mar 9, 2010 at 10:57 AM
Congrats Carlos!
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10 Matt // Mar 9, 2010 at 10:58 AM
Sweeet
11 Roy // Mar 9, 2010 at 11:10 AM
May this announcement have declared another step in the creation of a cottage industry.
12 Nilet // Mar 9, 2010 at 12:26 PM
Congratulations!
Wait, the fines and probation costs aren’t refunded automatically when the conviction is reversed? That doesn’t make any sense. Good luck with the upcoming civil suit, though.
13 Edwin // Mar 9, 2010 at 9:02 PM
Congrats! That’s wonderful news! When you get your 5D Mk II, can I play with it? I promise not to break it.
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14 david // Mar 9, 2010 at 9:03 PM
Congratulations on your legal victory in getting some of the costs back. I hate to be the one to rain on your parade, but the chances of recovering on a Section 1983 claim are . . . . unlikely. Between the heightened pleading requirements, the qualified immunity, and the ridiculous level of discretion given to police officers by the judicial branch, civil claims for violations of Constitutional rights are very rarely successful. One of my favorite blogs on the subject is Mike Cernovich’s Section 1983 blog (http://www.section1983blog.com), its very informative, and very depressing. But I still think you should file because every breach of constitutional rights should come with a very high cost to the government. Good Luck!
15 Supernintendo Chalmers // Mar 10, 2010 at 2:32 PM
well done.
16 Happy Tinfoil Cat // Mar 11, 2010 at 1:11 AM
Yay!
17 leek // Mar 11, 2010 at 4:27 AM
Congrats!!!
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