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Started By
Message
re: This should be a bigger story: Evidence Tampered With In McCloskey Gun Case
Posted on 7/27/20 at 1:51 pm to AggieHank86
Posted on 7/27/20 at 1:51 pm to AggieHank86
quote:
If, however, McCloskey HAD shot someone, we would be looking at an ENTIRELY different crime, and I do not think that the Castle Doctrine would have done him much good ... because he clearly lied about the most important element of that Doctrine. He lost all semblance of credibility. This analysis was simply an interesting intellectual exercise.
So basically, when challenged to provide an actual legal backing for your poorly formed arguments all you can do is talk about what might have happened in a complete different situation than what actually happened.
And you’re supposed to be a lawyer?
0
Posted on 7/27/20 at 1:54 pm to AggieHank86
quote:
With being said, is it your view that the State should simply NOT PURSUE charges in cases where it might be somewhat difficult to meet the applicable Burden of Proof?
"somewhat difficult"? No.
"A KEY element of the statutory language defining the crime not met"? Yes...I want the prosecution to pass on that
Posted on 7/30/20 at 4:45 pm to ZZTIGERS
Posted on 7/30/20 at 5:03 pm to ZZTIGERS
quote:Procedurally, this "intervention" does not remotely do what you seem to think it does.
VICTORY BUMP
The State AG does not get to tell a local DA whether to pursue a criminal case. That is entirely within the discretion of the local DA.
The AG filed an intervention 6 days BEFORE this thread, asking the Court to dismiss the charges ... something that he may or may not even have the authority to do.
To my knowledge, the court has not ruled upon that motion.
Posted on 7/30/20 at 7:08 pm to AggieHank86
quote:
something that he may or may not even have the authority to do.
Well, since we’re in the business now in this country of skirting the law, he should fit in just fine.
Posted on 7/30/20 at 7:17 pm to AggieHank86
quote:
AggieHank86
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