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Message
re: Drug dealer in Nola acquitted bc ADA doesn't ask what parish crime occurred in
Posted on 6/5/15 at 8:30 am to Skin
Posted on 6/5/15 at 8:30 am to Skin
quote:
It's not like this guy is going to walk free. They will try him in whichever district court they finally decide the crimes occurred. They obviously still have the evidence. That is not going away
He will argue 5th amendment, precludes him from being tried twice for the same crime.
0
Posted on 6/5/15 at 9:34 am to ManBearTiger
Why do people hate the dealers? They're fulfilling demand and making some money. Junkies are the real losers/scum.
Posted on 6/5/15 at 9:53 am to arseinclarse
quote:
I'm not a defense attorney. Is it standard procedure to ask what parish the crime occurred in?
Absolutely. I was on a jury panel last week and it was for a cop who was busy stealing money and one of the main questions was how to prove that he did those transactions within Harris County.
Posted on 6/5/15 at 9:55 am to burgeman
quote:
In the probable cause, RAP sheet, and in the reports the address and ZIP code is clearly listed. In the probably cause it even mentions the parish that the offense occurred.
None of that is actually evidence. The prosecution has the burden to establish that court has jurisdiction over the crime at issue. Therefore the ADA must put something into evidence that establishes that the crime occurred in an area where the court has jurisdiction.
This is seriously a rookie level mistake. ADAs usually take a piece of paper with them showing everything that must entered into evidence to avoid a directed verdict. Establishing the court's jurisdiction is at the top of that list.
Posted on 6/5/15 at 9:56 am to jbgleason
quote:
. I wonder why a DEA case is being prosecuted in state court?
Since Holder's policy changes with regard to federal sentencing guidelines for drug dealers, he would have gotten more time in state court.
Posted on 6/5/15 at 9:58 am to arseinclarse
That's not the reason he was acquitted. You're reading John Fuller's argument. There was extensive testimony about this occurring on Second & Claiborne, there was video of the area.
He was acquitted because the Judge didn't want to have to impose the mandatory sentence.
He was acquitted because the Judge didn't want to have to impose the mandatory sentence.
This post was edited on 6/5/15 at 10:00 am
Posted on 6/5/15 at 10:00 am to TigerintheNO
The Feds also farm out cases pretty often. The US Attorney's Office is actually very small in comparison to the number of federal police agencies. Therefore a lot of cases get shifted to county/parish prosecutors
Posted on 6/5/15 at 10:12 am to arseinclarse
quote:
I wonder how many people have lost their lives because of the heroin Mr. Williams put out on the streets. I wonder how many lives have been ruined because of the cocaine Mr. Williams put out on the streets. ... He deserves to go to jail for the rest of his life."
Subtle reference to the actual low risk of death from Cocaine use? Do we see the 2030's legalization movement of choice here?
Posted on 6/5/15 at 10:25 am to arseinclarse
This had more to do with the jury than the AdA not saying what parish. Orleans parish juries are though for a DA.
Posted on 6/5/15 at 10:32 am to Dizz
It was a Judge trial. Laurie White. These types of things are very common for that section.
Posted on 6/5/15 at 11:02 am to tLSU
quote:
Laurie White
Thats all you needed to say
.
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