tag:blogger.com,1999:blog-32542246.post2914845424028889591..comments2024-02-24T05:19:10.949-05:00Comments on Durham-in-Wonderland: An Agenda for the General Assemblykcjohnson9http://www.blogger.com/profile/09625813296986996867noreply@blogger.comBlogger111125tag:blogger.com,1999:blog-32542246.post-83623193046537773672007-01-23T10:00:00.000-05:002007-01-23T10:00:00.000-05:00Unfortunately, we are a country of men, not laws -...Unfortunately, we are a country of men, not laws - although deeply flawed agents say from high horses...otherwise.<br /><br />Please, Felix Frankenhiemer, explain the Innocence Project.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-64833043828668114992007-01-22T22:57:00.000-05:002007-01-22T22:57:00.000-05:00JLS says...
re: Anon 10:13
Maybe then we can agr...JLS says...<br /><br />re: Anon 10:13<br /><br />Maybe then we can agree that the cause of bringing a broad spectrum of people together on the issue of over reaching prosecutors might be better aided by not make gratuitous slaps at the religious. I am not as religious as many and more of a mainline guy than many, but I am only trying to point out that falling for the current fashion of bashing the religous is not a way to build as broad a support as possible.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-75183121964743104162007-01-22T21:40:00.000-05:002007-01-22T21:40:00.000-05:00Jerri Lynn,
I think it is elected judges and appo...Jerri Lynn,<br /><br />I think it is elected judges and appointed DAs or appointed judges and elected DAs.<br /><br />You have to break up some of the cronyism.M. Simonhttps://www.blogger.com/profile/09508934110558197375noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-78914426186364092562007-01-22T20:56:00.000-05:002007-01-22T20:56:00.000-05:00I don't agree with appointing judges. They get ar...I don't agree with appointing judges. They get arrogant--like Federal Judges. I think that we do fine in Texas with elected judges.Jerri Lynn Ward, J.D.https://www.blogger.com/profile/10097381893555114911noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-69983806814955901742007-01-22T16:30:00.000-05:002007-01-22T16:30:00.000-05:00What I would like to know when all is said and don...What I would like to know when all is said and done and the charges are dismissed, who in the NC State Government (since the state of NC is who is prosecuting these boys)is going to stand up and publically apologize to these young men and their families. Who is going to give them their reputations and good names back. I think it would be appropriate that the legislators (Senators,Congressman and Assemblymen) stand next to these young men and proclaim their innocence in the charges the state brought against them. Looking the other way is as bad as doing the bad deed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-84563864342949628282007-01-22T15:51:00.000-05:002007-01-22T15:51:00.000-05:00You might think of it as another thing: Judgment ...You might think of it as another thing: Judgment of Acquittal.<br /><br />Evidence, and whether it can be introduced, is always within the sole discretion of the Trial Court. When no evidence can be introduced at Trial, or the Court lacks jurisdiction over the subject matter, the Court can always dismiss a case. It can choose to do so with or without prejudice.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-7601163147831859122007-01-22T15:38:00.000-05:002007-01-22T15:38:00.000-05:003:11
Which part of Rule 12 are you citing.
Fed...3:11<br /> Which part of Rule 12 are you citing. <br />Federal Rules of Criminal Procedure Rule 12 (B)(2) states:<br /><br />(2) Motions That May Be Made Before Trial. <br /><br />"A party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial of the general issue."<br /><br /> A motion to suppress can be ruled upon without a trial of the general issue (i.e guilt or innocence) and if granted, could result in a voluntary dismissal by the prosecutor because he has not evidence to present. I think,however, the plain reading of the rule is the motions that require a trial of the general issue cannot be addressed on a pre-trial basis. Do you understand the term "trial of the general issue" to mean something other than a trial on the merits.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-73491007012156447342007-01-22T15:34:00.000-05:002007-01-22T15:34:00.000-05:00Gosh, since the anonymous 2:37 PM has dissed my wr...Gosh, since the anonymous 2:37 PM has dissed my writing, I guess I am going to have to quit. On second thought....<br /><br />By the way, why do you have a hard time believing that there was government misconduct at Waco but believe there is government misconduct in Durham?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-83150914277418591592007-01-22T15:11:00.000-05:002007-01-22T15:11:00.000-05:003:01 - Wrong. See Federal Rule of Criminal Proced...3:01 - Wrong. See Federal Rule of Criminal Procedure 12. A Judge can dismiss an action where evidence has been collected in violation of the Constitutional Rights of the Defendant.<br /><br />Thus, when there is no evidence that can be introduced at Trial, the case gets dismissed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-14404288285564642952007-01-22T15:01:00.000-05:002007-01-22T15:01:00.000-05:00"A Judge has always had the discretion to dismiss ..."A Judge has always had the discretion to dismiss a case for lack of evidence. Contrary to many of the opinions stated here, such an act is not unusual, and every case does not reach the tender mercies of a jury when it lacks evidence."<br /><br /> In a criminal case, a judge cannot dismiss a case for lack of evidence until after the prosecutor presents his case in chief at trial. At the conclusion of the case, if the jury makes a guilty finding, the judge may also set aside the verdict and dismiss the case, if he concludes that no reasonable jurror could make a finding that the defendant was guilty beyond a reasonable doubt.<br /> In criminal cases there is no procedure analogous to a motion for summary judgment in civil cases wherein the case can be dismissed because undisputed evidence requires a judgment for the moving party.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-35710114987226711062007-01-22T14:54:00.000-05:002007-01-22T14:54:00.000-05:00There have been a lot of suggestions posted about ...There have been a lot of suggestions posted about how to prevent something like this from happening again.<br /><br />Which should be highlighted?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-85320833931188962432007-01-22T14:52:00.000-05:002007-01-22T14:52:00.000-05:001:45...I'm not even from Chicago, South Florida, o...1:45...I'm not even from Chicago, South Florida, or Duval County...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-22169062409487628582007-01-22T14:50:00.000-05:002007-01-22T14:50:00.000-05:002:29 PM
"All these are not perfect, but on the who...2:29 PM<br /><i>"All these are not perfect, but on the whole our legal system is much better than most."</i><br /><br />um...thanks, genius.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-42676157274182145982007-01-22T14:48:00.000-05:002007-01-22T14:48:00.000-05:00You think this is just about Nifong? He was allow...You think this is just about Nifong? He was allowed to moon the justice system with the ready aid of a number of enablers, and a NC justice system that screams for reform.<br /><br />Sorry, lots of blame to go around here, and it goes way beyond Nifong.<br /><br />-Esquire-<br />-Maryland-Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-78527873166187965322007-01-22T14:45:00.000-05:002007-01-22T14:45:00.000-05:00KC-
Let us cut to the chase. Nifong is evil.As you...KC-<br />Let us cut to the chase. Nifong is evil.As you have documented.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-61320399435472251482007-01-22T14:44:00.000-05:002007-01-22T14:44:00.000-05:002:38 - A Judge has always had the discretion to di...2:38 - A Judge has always had the discretion to dismiss a case for lack of evidence. Contrary to many of the opinions stated here, such an act is not unusual, and every case does not reach the tender mercies of a jury when it lacks evidence. <br /><br />-Esquire-<br />-Maryland-Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-33987496566765286702007-01-22T14:38:00.000-05:002007-01-22T14:38:00.000-05:00"6.) Modify rape law to ensure that actual innocen..."6.) Modify rape law to ensure that actual innocence is a defense."<br /><br /> Actual innocense is a defense to any criminal charge, including rape. The question is who determines actual innocence--a judge or a jury? and at what stage of the proceeding is this determination made? Although many may think it is odd that a judge cannot weigh evidence prior to a trial, this is the way our system has always been all the way back to its common law roots in England. I think you will have a hard time convincing the legal profession or legislatures that we need to tinker with long-established principle of law because of this case of injustice. The old saying, "hard cases make bad law" is applicable.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-51454482377773716652007-01-22T14:37:00.000-05:002007-01-22T14:37:00.000-05:002:29
Well said. Between you and me, Bill Anderso...2:29 <br /><br />Well said. Between you and me, Bill Anderson's opinions are vastly overrated on this site. His recent article about the diversity problems at elite colleges is laughably poorly written, with no research (e.g., there was a brilliant article on this by two brilliant professors, about 4 years ago, in the now-defunct The Public Interest), and no original thought.<br /><br />Unfortunately, there is a lot of politics on this blog (duh?), and featherweights like Anderson fit in perfectly.<br /><br />Please, Professor Anderson, take your Waco dialectic to a bar, or perhaps the toilet.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-90583329637665122012007-01-22T14:29:00.000-05:002007-01-22T14:29:00.000-05:00Bill Anderson said "Prosecutors simply try to fin...Bill Anderson said "Prosecutors simply try to find out new tactics in order to get around legal limits to what they can do. They constantly test new margins to see where they can violate the spirit of the law without violating the letter. That is what Nifong did, and that is what prosecutors do."<br /><br /> Perhaps some prosecutors act this way, but my experience is that most try to comply with the spirit of the law. It is extremely difficult to devise rules of procedure to address every possible tactic of persons who are determined to do what the law prohibits. I don't think it is good policy to make procedural rules so voluminous that they cover every conceivable unethical tactic.<br /> Ultimately, the most effective control against out-of-control government officials are constitutional limits on government authority, the power of voters to chose government officials, the power of free speech to highlight government overreaching and the power of separate branches of government to check the power of other branches. All these are not perfect, but on the whole our legal system is much better than most.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-67623027819291557002007-01-22T14:03:00.000-05:002007-01-22T14:03:00.000-05:00Professor Johnson,
You failed to include any ment...Professor Johnson,<br /><br />You failed to include any mention of proper punishment for false accusers.<br /><br />Do you have an agenda?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-89273867717467247832007-01-22T13:52:00.000-05:002007-01-22T13:52:00.000-05:00The following reflects MD practice, Chicago:
"MD ...The following reflects MD practice, Chicago:<br /><br />"MD Rule 4-271. Trial date.<br /><br /> (a) Trial date in circuit court. (1) The date for trial in the circuit court shall be set within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the circuit court pursuant to Rule 4-213, and shall be not later than 180 days after the earlier of those events..... On motion of a party, or on the court's initiative, and for good cause shown, the county administrative judge or that judge's designee may grant a change of a circuit court trial date. If a circuit court trial date is changed, any subsequent changes of the trial date may be made only by the county administrative judge or that judge's designee for good cause shown."<br /><br />Thus, a case as we have here, where the DA does not have a case and embarks on a CYA fishing expedition, is cut short. If the DA has good cause, he can petition the Court accordingly. But the defense can also discover if good cause exists.<br /><br />Thus, the rights of the State and the Defendant are protected and given voice.<br /><br />-Esquire-<br />-Maryland-Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-79119921752898177482007-01-22T13:51:00.000-05:002007-01-22T13:51:00.000-05:001:47 PM
I used to believe in conspiracy theories,...1:47 PM<br /><br />I used to believe in conspiracy theories, then come to find out, they were all invented and spread by the CIA. Because of this, I no longer believe any of them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-71112451064129234722007-01-22T13:50:00.000-05:002007-01-22T13:50:00.000-05:00"...and I've voted for Bush multiple times"
In th..."...and I've voted for Bush multiple times"<br /><br />In the same election? <br /><br />1:45 PM <br /><br /><br />Well, that is proof that he must live in Durham!! (Except multiple voters there most likely do not vote for Republicans!)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-85650098521061105982007-01-22T13:47:00.000-05:002007-01-22T13:47:00.000-05:00I bet most of the G88 Academics in Angry Studies (...I bet most of the G88 Academics in Angry Studies (kudos!) believe 9/11 was a government plot.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-54446173284908299632007-01-22T13:45:00.000-05:002007-01-22T13:45:00.000-05:00"...and I've voted for Bush multiple times"
In th...<i>"...and I've voted for Bush multiple times"</i><br /><br />In the same election?Anonymousnoreply@blogger.com