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Message

re: Both Sides of the Case Will Be Presented to the Grand Jury

Posted on 9/21/11 at 2:10 pm to
Posted by CptBengal
BR Baby
Member since Dec 2007
71661 posts
Posted on 9/21/11 at 2:10 pm to
quote:

Hint: those who are using Wikipedia definitions and common law processes to debate today's grand jury hearing do not understand the Louisiana legal system.



See thread title. Apply as needed.
Posted by Antonio Moss
The South
Member since Mar 2006
49036 posts
Posted on 9/21/11 at 2:13 pm to
quote:

"Coach Miles what was JJs original repsonse to you"

"He said, I wasnt there duiring the fight."

Sorry, that is admissable in to a GJ. Speaks to credibility.


Well, you're a fricking idiot.

You honestly couldn't be more incorrect if you tried. What you just described is the textbook definition of hearsay - which is inadmissible in every court in the country.

quote:

You must be joking


No, I haven't heard anything about Miles giving an official statement to the police or the DA in this case. I would imagine that it would have been all over the news if he had.

Besides, why would they want his official statement? It adds nothing to the case.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464874 posts
Posted on 9/21/11 at 2:13 pm to
quote:

I think Hillar is trying to avoid showing his partiality to LSU by allowing the GJ to decide the case is not trial worthy, which is what will happen, IMO.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464874 posts
Posted on 9/21/11 at 2:14 pm to
quote:

You honestly couldn't be more incorrect if you tried. What you just described is the textbook definition of hearsay - which is inadmissible in every court in the country.

hearsay is admissible in GJ hearings, though
Posted by Elcid96
Member since May 2010
5465 posts
Posted on 9/21/11 at 2:14 pm to
quote:

Well, you're a fricking idiot.

You honestly couldn't be more incorrect if you tried. What you just described is the textbook definition of hearsay - which is inadmissible in every court in the country.


Are you claiming hearsay can't be used in Grand Jury?
Posted by Antonio Moss
The South
Member since Mar 2006
49036 posts
Posted on 9/21/11 at 2:17 pm to
quote:

hearsay is admissible in GJ hearings, though


Negative.
Posted by Antonio Moss
The South
Member since Mar 2006
49036 posts
Posted on 9/21/11 at 2:18 pm to
quote:

Are you claiming hearsay can't be used in Grand Jury?


By law, it's not supposed to be submitted. I posted the exact law on the last page.
Posted by MandevilleLSUTiger
Baton Rouge
Member since Sep 2005
6883 posts
Posted on 9/21/11 at 2:18 pm to
quote:

Negative.


Who here is an actual attorney?
Posted by RobbBobb
Member since Feb 2007
33194 posts
Posted on 9/21/11 at 2:19 pm to
quote:

Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is only admissible as evidence if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as evidence in court, unless the defendant testifies.

Is JJ testifying before the GJ?

Do you know what inculpatory; exculpatory means?

Is that not the purpose of this proceeding? Why did JJ evade the truth from the get go, if he had no involvement?

Why lie at all? To anyone?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464874 posts
Posted on 9/21/11 at 2:21 pm to
quote:

By law, it's not supposed to be submitted

but there's no real remedy if it is violated

quote:

However, no indictment shall be quashed or conviction reversed on the ground that the indictment was based, in whole or in part, on illegal evidence, or on the ground that the grand jury has violated a provision of this article


and the term "hearsay" isn't even in the annotations
Posted by RobbBobb
Member since Feb 2007
33194 posts
Posted on 9/21/11 at 2:22 pm to
quote:

Negative

Have you ever sat in on a GJ, in the state of Louisiana?
Posted by just me
Front of the Class: Schooling You
Member since Mar 2006
34489 posts
Posted on 9/21/11 at 2:22 pm to
quote:

Who here is an actual attorney?
I do work near an attorney's office.
Posted by Elcid96
Member since May 2010
5465 posts
Posted on 9/21/11 at 2:23 pm to
quote:

By law, it's not supposed to be submitted. I posted the exact law on the last page.


Doesn't say that...hearsay is used all the time in a Grand Jury to indict people.

Prosecutors regulary use hearsay to indict subjects. Do you know why?
Posted by MoreOrLes
Member since Nov 2008
19472 posts
Posted on 9/21/11 at 2:23 pm to
I dont know why any of you are arguing. We will know soon enough.


Beside J Lee is going to admit that he did it.
Posted by just me
Front of the Class: Schooling You
Member since Mar 2006
34489 posts
Posted on 9/21/11 at 2:24 pm to
quote:

Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is only admissible as evidence if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as evidence in court, unless the defendant testifies.
Please, please, please tell me why you are using the Federal Rules of Evidence.

Posted by LSUdm21
Member since Nov 2008
17486 posts
Posted on 9/21/11 at 2:24 pm to
quote:

You make wild assumptions that may/may not be correct and pass them off as fact.

WTF, why? Trying to win over the court of public opinion for JJ? Again, why? Are you family, friend?

If you are, great....but this isn't the forum for it.


No more than you're trying to convict JJ in the court of public opinion.
Posted by Antonio Moss
The South
Member since Mar 2006
49036 posts
Posted on 9/21/11 at 2:24 pm to
quote:

but there's no real remedy if it is violated


True

quote:

and the term "hearsay" isn't even in the annotations


Right. That's because there is a final, appeal remedy.

It's still not admissible to the GJ.
Posted by RobbBobb
Member since Feb 2007
33194 posts
Posted on 9/21/11 at 2:24 pm to
quote:

I do work near an attorney's office.

I thought it was because you stayed at a Holiday Inn Express?
Posted by Ghostfacedistiller
BR
Member since Jun 2008
17501 posts
Posted on 9/21/11 at 2:25 pm to
Any updates here? What happened today? TIA
Posted by Antonio Moss
The South
Member since Mar 2006
49036 posts
Posted on 9/21/11 at 2:25 pm to
quote:

Do you know why?


Because you can't quash the indictment for use of hearsay.

Still doesn't make it admissible.

It's like speeding when no one's looking.
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