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LegalGround >> Murder Trial starts tomorrow

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2/18/08 11:14 AM
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Cookie Monster
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Edited: 18-Feb-08
Member Since: 03/03/2003
Posts: 11873
 
I represent the defendant and we are gonna get killed (pun intended). Ole boy won't take a deal.
2/18/08 1:53 PM
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bflex
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Edited: 18-Feb-08
Member Since: 05/11/2002
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If the glove doesn't fit, you must acquit! Go for Jury nulification. Remember the only two important questions in a murder trial. You can't ask them directly, but you need to get this information across to the jury. 1) Did the man need to be killed? 2) Did the right person do it?
2/18/08 5:52 PM
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Cookie Monster
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Edited: 18-Feb-08 05:56 PM
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evidence tampered with, withheld, and destroyed. witnesses paid off and others threatened. I think I have done all I can do.
2/18/08 7:52 PM
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bflex
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Edited: 18-Feb-08
Member Since: 05/11/2002
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You are in WV. "He needed a good killin'" is an affirmative defense to murder there. Also, do a DNA test, if the DNA is matching, how could he commit suicide and still be present. Incestual implications. However, if there is enough incest to create identical DNA, isn't he the same person?
2/21/08 6:22 PM
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pm1964
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Edited: 21-Feb-08
Member Since: 01/01/2001
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So......how'd it go?
2/21/08 11:46 PM
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StephenL
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Edited: 21-Feb-08
Member Since: 04/01/2002
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state that the victim was a UofM fan and loved Rich Rodriquez. stephen
2/22/08 4:51 PM
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Cookie Monster
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Edited: 22-Feb-08
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Fuckin Mistrial! State cop blurts out "polygraph". Me: (*first question on cross-examination) So, Trooper Dunderhead... when did you first come to find out my client was at the State Police barracks on January 29th, 2007? Dunderhead: I am not sure who called me, but someone from the St Police called me, I am not sure when I got the call, but they called and said that the Joe Blow (defendant) was there at the barracks and wanted to take a plolygraph exam. Is that what you are asking? Me: No, Dunderhead, not at all. Your honor, may we have a sidebar? For those of you who don't do much criminal law, polygraphs are generally not admissable, nor the mention of one... especially in association with the defendant. This may vary from state to state, but for the majority this is the case. Blammo... mistrial. Now the State can shore up loose ends which only became apparent at the 11th hour. This blows! I am looking into the possibility the State intentionally torpedoed the case, which if proven (won't happen) would lead to a dismissal WITH prejudice.
2/22/08 5:17 PM
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bflex
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Edited: 22-Feb-08
Member Since: 05/11/2002
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File a motion and do what you have to do to preserve that issue for appeal. Once he gets convicted he needs something to entertain him for the next 15 or so years.
2/22/08 5:17 PM
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bflex
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Edited: 22-Feb-08
Member Since: 05/11/2002
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BTW, I take it he failed the polygraph. Oh wait! I should not say fail, I should say that his responses indicated deception.
2/22/08 5:46 PM
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Cookie Monster
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Edited: 22-Feb-08
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yes, his supposed responses supposedly "indicated deception"
2/22/08 9:11 PM
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Fake Pie
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Edited: 22-Feb-08
Member Since: 12/02/2005
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What were you really trying to ask him about?
2/23/08 12:43 AM
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Cookie Monster
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Edited: 23-Feb-08
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I was establishing a timeline through various cops as to how long my client was actually interrogated by which cops. Dunderhead interrogated him for a fairly long (3hr) segment and I was establishing when Dunderhead first got the call to come to headquarters.
2/23/08 2:43 PM
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Fake Pie
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Edited: 23-Feb-08
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I take it there is a purported confession you are trying to color by showing extensive interrogation?
2/25/08 10:30 AM
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Cookie Monster
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Edited: 25-Feb-08
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true dat
2/25/08 10:47 AM
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bflex
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Edited: 25-Feb-08
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Do you have an expert who can testify to the phenomena that we, as defense attorneys, call false confessions?
2/25/08 5:56 PM
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Cookie Monster
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Edited: 25-Feb-08
Member Since: 03/03/2003
Posts: 11900
the judge has excluded our expert... another appeal issue.

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