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Sonic Dude posted:Without attempting to deduce his (somewhat transparent) opinion on the case, is it uncommon for judges to act this way, or is this just sensationalism latching onto a typical element of a trial and blowing it out of proportion? Also, the judge is allowing in a bunch of previous behavior of the defendant that's favorable to the defendant, but not a lot of previous behavior that's unfavorable to him. You can safely assume that if a black person who crossed state lines with an illegal gun shot some white people under similar circumstances, and by some miracle of direct divine intervention actually lived long enough to be put on trial, it would be an open-and-shut capital murder case because the murders were committed in the course of committing another felony.
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Nov 4, 2021 17:12
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Sonic Dude posted:Without attempting to deduce his (somewhat transparent) opinion on the case, is it uncommon for judges to act this way, or is this just sensationalism latching onto a typical element of a trial and blowing it out of proportion? Like BigHead said, its pretty standard stuff that springs from the presumption of innocence, and I just read the "bible lesson" and its far more innocuous than headlines suggest, IMO. The judge was explaining hearsay to the jury about disregarding un-examined statements on recorded video: quote:"So, this person who's describing this," Schroeder said of the editorialization in the initial part of the video. It was the long way of explaining to ignore the first part of the video and only pay attention to the part with Rittenhouse. Again, a little weird, but not as outlandish as I think its being portrayed in the media. Grand Fromage posted:Not sure why this thread is so spicy at the moment but this is not a shitposting forum. Bad news for Phil.
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Nov 4, 2021 22:20
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blarzgh posted:Bad news for Phil.
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Nov 4, 2021 23:19
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Thanatosian posted:You can safely assume that if a black person who crossed state lines with an illegal gun shot some white people under similar circumstances, and by some miracle of direct divine intervention actually lived long enough to be put on trial, it would be an open-and-shut capital murder case because the murders were committed in the course of committing another felony. Maybe, but it should be noted that this trial isn't the race-inverted version of your hypothetical - both the shooter and shootees are white.
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Nov 4, 2021 23:20
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HisMajestyBOB posted:Couldn't the ex-wife just write a check back to the ex-spouse for the same amount?
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Nov 5, 2021 01:12
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i like nice words
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Sonic Dude posted:Without attempting to deduce his (somewhat transparent) opinion on the case, is it uncommon for judges to act this way, or is this just sensationalism latching onto a typical element of a trial and blowing it out of proportion? does that... help? I feel like if I was a criminal defendant I would not want my lawyer using slurs in court
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Nov 5, 2021 03:27
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Over here we just say "complainant" instead of "victim". Victim is an incredibly loaded word, complainant describes precisely the person's role in the case.
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Nov 5, 2021 03:48
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Jeb Bush 2012 posted:does that... help? I feel like if I was a criminal defendant I would not want my lawyer using slurs in court After some cursory searching it looks like this is related the video of a previous confrontation between Rittenhouse and Rosenbaum where the phrase "Shoot me, [word in question]" was deployed. I'm not a lawyer, but as a courtroom tactic it makes sense to emphasize that the other guy was a slur-user against your guy.
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Nov 5, 2021 03:51
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Captain von Trapp posted:After some cursory searching it looks like this is related the video of a previous confrontation between Rittenhouse and Rosenbaum where the phrase "Shoot me, [word in question]" was deployed. I'm not a lawyer, but as a courtroom tactic it makes sense to emphasize that the other guy was a slur-user against your guy. okay well if that's what was being referred to then "allowing the defense to use racial slurs in court" seems a pretty misleading description Jeb Bush 2012 fucked around with this message at 04:06 on Nov 5, 2021 |
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Nov 5, 2021 03:59
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blarzgh posted:Like BigHead said, its pretty standard stuff that springs from the presumption of innocence, and I just read the "bible lesson" and its far more innocuous than headlines suggest, IMO. The judge was explaining hearsay to the jury about disregarding un-examined statements on recorded video: Yeah I mean it only draws an obvious parallel between a Christian hero and Rittenhouse. So no problem whatsoever. Oh and Paul is widely believed to have been acquitted so again the obvious conclusion is that the judge is comparing Rittenhouse to someone who was innocent. So yeah not prejudicial at all.
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Nov 5, 2021 08:29
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Jeb Bush 2012 posted:okay well if that's what was being referred to then "allowing the defense to use racial slurs in court" seems a pretty misleading description Yeah, the social media portrayal of the judge is more extreme than I think the facts warrant in this case. See, pseudanonymous posted:Yeah I mean it only draws an obvious parallel between a Christian hero and Rittenhouse. So no problem whatsoever. Oh and Paul is widely believed to have been acquitted so again the obvious conclusion is that the judge is comparing Rittenhouse to someone who was innocent.
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Nov 5, 2021 15:43
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Okay this cross examination is fantastic. This murder trial has somehow gone down the rabbit hole as to whether a witness is the most complete failson ever or has been caught out in fraud.
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Nov 5, 2021 21:51
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Thanks for the detailed replies. It seems like most of it is media bluster, but I still get the sense that the judge has a preferred outcome.
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Nov 5, 2021 22:14
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I've been watching a few of Andrew Flushe Attorny at Law videos lately. In this one: https://www.youtube.com/watch?v=WAHeR8M1U6M It is about a guy driving 162MPH on his own rural property on a 4 mile long driveway/private road. This is in Texas. I'm guessing he is a Virginia lawyer because he says, "If this was in Virginia - a charge of going 162 on private property - that's a case a judge could put you in jail for". What Virginia law would that person be breaking? For some clarification, the driveway is behind a locked gate with "No Tresspassing" signs on it.
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Nov 6, 2021 18:24
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There are something like 15+ specific code sections addressing different things that are considered reckless driving in Virginia. They're all punishable by jail time. They're in 46.2 Chapter 8 Article 7. "Code of Virginia Code - Article 7. Reckless Driving and Improper Driving" https://law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/ Most of them specify that they only apply on highways. I'm not a lawyer and not familiar enough with case law to know which might specifically apply. Depending on the type of property, could be 46.2-864 "Reckless Driving on parking lots, etc."
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Nov 6, 2021 19:07
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Wills question, though not exactly estate planning. Let's say that I'm am the relative of someone with enough money to make a will from a prestigious law firm actually relevant. Sadly, they die when a meteor lands on their (currently occupied) home, also obliterating their local copy of the will, but not their tremendous fortune made in their bean sales enterprise. The coroner pronounces the remaining teeth to be dead, etc. Assuming I think I'm possibly an executor, how would I figure out what was in the will, who the law firm was with a copy filed, etc? Would the firm potentially reach out to me? Would I need to call around? I'm sure this depends state to state and the real answer is "find an estate lawyer where your are and ask them," but I'm curious how common provisions like these are.
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Nov 6, 2021 20:50
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Volmarias posted:Wills question, though not exactly estate planning. Let's say that I'm am the relative of someone with enough money to make a will from a prestigious law firm actually relevant. Sadly, they die when a meteor lands on their (currently occupied) home, also obliterating their local copy of the will, but not their tremendous fortune made in their bean sales enterprise. The coroner pronounces the remaining teeth to be dead, etc. This is why you need a fireproof safe.
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Nov 6, 2021 20:59
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Mr. Nice! posted:This is why you need a fireproof safe. The meteor has obliterated the safe, which while fireproof, was not meteor proof.
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Nov 6, 2021 21:12
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My dad died without a will. He may have had one, but I had no idea where it was and no idea what law firm would've made it. My estate lawyer checked to see if it was filed anywhere and couldn't find it. So, it was filed with probate court as an estate without a will and naming me as administrator. Once the court approved it, the lack of a will didn't matter, estate choices were up to me.
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Nov 6, 2021 21:14
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Call the law firm that prepared the will. If you don't know who did and truly have no clues to follow, qualify as a curator or intestate administrator and comb their bank statements and credit card bills for payments to a law firm. An estate lawyer can also be an access point to the estate planning community - it's not uncommon to see attorneys on our state elder law listserv send out email blasts to the effect of "any of y'all do a will for jim bob? he died and beneficiaries don't have a copy"
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Nov 6, 2021 21:15
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Executed Wills are usually kept in the law firm in a fire proof safe Tho not meteor proof You can also file wills with the register of wills This is all Pennsylvania law You used to be able to give your wills to the Vestal virgins who kept it safe in the basement of the temple of Jupiter but that was a while ago
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Nov 6, 2021 21:45
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Grand Fromage posted:My dad died without a will. He may have had one, but I had no idea where it was and no idea what law firm would've made it. My estate lawyer checked to see if it was filed anywhere and couldn't find it. So, it was filed with probate court as an estate without a will and naming me as administrator. Once the court approved it, the lack of a will didn't matter, estate choices were up to me. At what point is the matter finalized and finding a will wouldn't matter? After the executor files in probate court or does the estate have to closed?
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Nov 6, 2021 23:03
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asur posted:At what point is the matter finalized and finding a will wouldn't matter? After the executor files in probate court or does the estate have to closed? That a lawyer would have to answer, I dunno. I think once the estate is closed it wouldn't matter if you found a will? I also don't know how it complicates things if there are multiple inheritors. I'm an only child so everything was easy, the probate court doesn't sweat the details when there's only one person inheriting everything. Grand Fromage fucked around with this message at 23:11 on Nov 6, 2021 |
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Nov 6, 2021 23:08
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States have a time period after which the fiduciary is no longer personally liable and neither are the beneficiaries - so like if the will was found five years later and the estate had long since been distributed, the beneficiary has little recourse for assets already distributed, but future assets passing through the estate could pass to them. Things like royalties, the decedent inheriting from other estates, niche things like reparations (I have one estate that was opened almost 70 years ago and remains active because it receives holocaust reparations which then filter down through several generations of estates to the living beneficiaries)
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Nov 6, 2021 23:26
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Yeah, here that was six months from the date of death. All the creditors that showed up after that got a polite letter telling them to gently caress off.
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Nov 7, 2021 00:42
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NYS commercial (retail) lease. Furnace is dead. Tenant paid $300+ already for a repair that apparently did not solve the problem. Tenant is worried they are responsible to replace the entire furnace if it comes to that. Tenant is vacating the premises in about 8 months. Looking at the lease I can't figure out what their responsibility is. Any advice?  
sleepy gary fucked around with this message at 00:47 on Nov 8, 2021 |
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Nov 8, 2021 00:43
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sleepy gary posted:
Get an attorney
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Nov 8, 2021 02:18
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Burning trash is a super green way to heat your business!
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Nov 8, 2021 04:14
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sleepy gary posted:NYS commercial (retail) lease. Furnace is dead. Tenant paid $300+ already for a repair that apparently did not solve the problem. Yeah you need a lawyer, dude. Too many local specifics.
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Nov 8, 2021 04:44
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Gonna have to pay a lawyer money to even read that sorry rear end font
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Nov 8, 2021 22:04
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If a relative gets arrested in another state and charged with a felony, and they call you and you need to help them lawyer up, is there a good way to go about finding a criminal defense attorney that fits their case and budget? Is it just a matter of contacting someone at the local bar association and getting a referral? How does one go about with lawyering up? FAT BATMAN fucked around with this message at 01:06 on Nov 9, 2021 |
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Nov 9, 2021 00:54
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FAT BATMAN posted:If a relative gets arrested in another state and charged with a felony, and they call you and you need to help them lawyer up, is there a good way to go about finding a criminal defense attorney that fits their case and budget? Is it just a matter of contacting someone at the local bar association and getting a referral? Is this in Texas? Please say it is in Texas. https://www.youtube.com/watch?v=zJCH1gk3D8s
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Nov 9, 2021 01:38
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FAT BATMAN posted:If a relative gets arrested in another state and charged with a felony, and they call you and you need to help them lawyer up, is there a good way to go about finding a criminal defense attorney that fits their case and budget? Is it just a matter of contacting someone at the local bar association and getting a referral? Probably the local bar but also, you know, public defender.
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Nov 9, 2021 07:51
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What could be the result of ignoring a jury summons, in oh say, los Angeles county? If a hypothetical person would presumably prefer to not spend 8 hours huffing covid farts
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Nov 9, 2021 08:14
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tom kite posted:What could be the result of ignoring a jury summons, in oh say, los Angeles county? If a hypothetical person would presumably prefer to not spend 8 hours huffing covid farts A black 15 year old being tried as an adult in a capital murder case gets an all white chud jury.
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Nov 9, 2021 11:11
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Or, from a more self-interested perspective, the judge issues a bench warrant and your next police encounter is much more exciting than you expected.
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Nov 9, 2021 13:13
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tom kite posted:What could be the result of ignoring a jury summons, in oh say, los Angeles county? If a hypothetical person would presumably prefer to not spend 8 hours huffing covid farts You then get a different kind of summons, lol
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Nov 9, 2021 14:27
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tom kite posted:What could be the result of ignoring a jury summons, in oh say, los Angeles county? If a hypothetical person would presumably prefer to not spend 8 hours huffing covid farts The slow erosion of any further chance to fairness in the justice system.
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Nov 9, 2021 14:38
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tom kite posted:What could be the result of ignoring a jury summons, in oh say, los Angeles county? If a hypothetical person would presumably prefer to not spend 8 hours huffing covid farts Getting gunned down by the cops in your home when they do a pre dawn no knock raid to bring you to the venire.
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Nov 9, 2021 14:40
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Go do jury duty you rear end
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Nov 9, 2021 15:41
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