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re: You trial lawyers.... what's the most likely date before a trial when a plea deal...
Posted on 4/1/19 at 7:43 pm to ellessuuuu
Posted on 4/1/19 at 7:43 pm to ellessuuuu
Wade will plead the 5th (as well he should) until such time as he actually becomes a “party” to any proceedings, which ain’t gonna happen as far as the trial on the 22nd. Let’s all hope that day never comes. (And if it does, he’ll likely not testify)
Deposition testimony in a federal criminal matter just doesn’t happen, absent compelling reasons as regards a key witness who has one hell of a good reason to urge he/she will not be available for the trial. A witness on a death bed would be about the only reason to procure a deposition to submit at trial in lieu of live testimony. It’s a non factor in this case (so far as I know). But that would all have to be approved by the judge and they just don’t allow it unless it’s the only way to get testimony from a key witness.
Discovery deposition on the other hand, as pointed out by others, are not creatures of the federal criminal system. The defense attorneys apparently are the ones planning on calling Wade as a witness, but even that appears to be a head scratcher! Although I suppose the simple fact the alleged surveillance tape with Wade is out there, even putting him on the stand knowing he’s gonna “5th up” will play with the heads of the jurors!!!
Deposition testimony in a federal criminal matter just doesn’t happen, absent compelling reasons as regards a key witness who has one hell of a good reason to urge he/she will not be available for the trial. A witness on a death bed would be about the only reason to procure a deposition to submit at trial in lieu of live testimony. It’s a non factor in this case (so far as I know). But that would all have to be approved by the judge and they just don’t allow it unless it’s the only way to get testimony from a key witness.
Discovery deposition on the other hand, as pointed out by others, are not creatures of the federal criminal system. The defense attorneys apparently are the ones planning on calling Wade as a witness, but even that appears to be a head scratcher! Although I suppose the simple fact the alleged surveillance tape with Wade is out there, even putting him on the stand knowing he’s gonna “5th up” will play with the heads of the jurors!!!
1
Posted on 4/1/19 at 7:52 pm to ellessuuuu
quote:
It depends on the situation. Every case I've tried involved the use of deposition in place of live testimony (either unavailable witnesses or outside the subpoena power of the court). It also goes to the purposes of the deposition. Is it strictly a discovery deposition or is it a trial deposition? The more likely scenario is that it is a deposition for all purposes.
Say what? Depositions in a federal criminal trial? That is not common.
Posted on 4/1/19 at 7:55 pm to The King
In high profile, highly publicized cases, a plea deal becomes less likely the closer you get to trial. It could still happen, but I suspect that in a case like this, plea discussions ended a long time ago.
Posted on 4/1/19 at 7:56 pm to clamdip
I really hope the prosecution gives Dawkins a strong arse offer.
Posted on 4/1/19 at 7:56 pm to ellessuuuu
quote:
Dude, depositions are not hearsay
Wrong, they can be used to impeach if a witness strays from their previous testimony but it is indeed hearsay.
Edit- Sorry saw this was already addressed
This post was edited on 4/1/19 at 7:58 pm
Posted on 4/1/19 at 8:00 pm to burdman
quote:
I really hope the prosecution gives Dawkins a strong arse offer.
Posted on 4/1/19 at 8:16 pm to Alt26
quote:..AGREE..I was on a murder trial where the defendant took a plea agreement 3 hrs after the trial had started...
A plea agreement could come at any time (even in the middle of trial).
Posted on 4/1/19 at 8:35 pm to rthomas628k
I seriously doubt Wade ever takes the stand. If he does, he won't be testifying as to Smart because that is irrelevant.
Posted on 4/1/19 at 9:18 pm to clamdip
IF it is a federal case, the deal gets much worse the closer to trial you get (For the last 10 years all I have done is Federal Criminal Cases), I have had some clients plea the day or during trial but the AUSA'S (Assistant United State Attorney's) make your client pay if they have to prepare for trial (all of these clients had priors in State Courts and thought they knew the system. If Wade is Called to the stand and takes the 5th, he will be given limited immunity and if he refuses to testify he will be held in contempt of court and sent to jail without bond. Most AUSA would then charge him with everything they could. YOU DO NOT PLAY AROUND WITH THEM, They hold all the cards and call what game you are playing. State Court is totally different.
Excepted in very limited cases no depos in Federal Court.
Excepted in very limited cases no depos in Federal Court.
Posted on 4/1/19 at 9:35 pm to Tomg
Damn 4 posts since 2005.
And of course it’s a thread with a bunch of attorneys arguing hearsay on the Rant while trying to figure out which file they can bill this to.
Carry on Counselors. I have no one on retainer so I’m enjoying the argument.
And of course it’s a thread with a bunch of attorneys arguing hearsay on the Rant while trying to figure out which file they can bill this to.
Carry on Counselors. I have no one on retainer so I’m enjoying the argument.
Posted on 4/1/19 at 9:45 pm to Tomg
quote:
system. If Wade is Called to the stand and takes the 5th, he will be given limited immunity and if he refuses to testify he will be held in contempt of court and sent to jail without bond. Most AUSA would then charge him with everything they could. YOU DO NOT PLAY AROUND WITH THEM, They hold all the cards and call what game you are playing. State Court is totally different.
Defense counsel is who subpoenaed Wade. 100% the federal prosecutors are going to object to his testimony just like they objected to the tapes being admitted last go around. They don’t want him testifying.
Posted on 4/1/19 at 10:04 pm to clamdip
Bout tree fiddy on the day before
Posted on 4/1/19 at 10:50 pm to Tomg
He's been subpoenaed by the defense. From what I understand of the case, he really doesn't have any relevant testimony on this case. Quite frankly, the defense attorneys have coordinated leaks of wiretaps about Wade and Miller and publicly leaked that they intend to subpoena both Wade and Miller for trial. This seems to be a publicity stunt, as neither of these individuals appear to have relevant testimony to provide. It seems like this is the defense theory that they are trying to tell through the media, because they will not be allowed to put this type of defense on at trial. The "everybody was doing it voluntarily" defense is not a legally recognized defense.
So, I do not see any scenario where Wade would get crossways with an AUSA.
So, I do not see any scenario where Wade would get crossways with an AUSA.
This post was edited on 4/1/19 at 10:51 pm
Posted on 4/1/19 at 11:35 pm to lsufball19
The million dollar question that I've seen conflicting reports on is if the feds will hand over the tapes to the NCAA to use in their investigation.
Posted on 4/2/19 at 6:45 am to clamdip
if we're talking federal court, a long time before April 22
Posted on 4/2/19 at 7:39 am to clamdip
For those defendants who flip and agree to testify against the big boys, they usually plea relatively early in the proceedings.
It is quite common for the main defendants in a federal prosecution to enter a plea within a week or two before the trial date. But they could do so as late as mid-trial, as happened recently in Nate Cain's trial.
Those who go to trial and get convicted will not get credit for "acceptance of responsibility" when the sentencing guidelines are applied to them. And if they testify at their trial and are found to have lied, that can also increase their sentencing guidelines calculation.
So there are motivations to plead before trial. More than 90% plead guilty.
It is quite common for the main defendants in a federal prosecution to enter a plea within a week or two before the trial date. But they could do so as late as mid-trial, as happened recently in Nate Cain's trial.
Those who go to trial and get convicted will not get credit for "acceptance of responsibility" when the sentencing guidelines are applied to them. And if they testify at their trial and are found to have lied, that can also increase their sentencing guidelines calculation.
So there are motivations to plead before trial. More than 90% plead guilty.
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