Posted on 07/20/2006 2:44:49 PM PDT by abb
"Come get some!"
And here's his pic on Nifong's webpage. http://www.mikenifong.com/districtcourt.php
Same class?
You bet. The out-of-town player may have talked with one of the defendants about the party. Potential witness is a lucy-goosey concept. Nifong can say just about anyone remotely connected to the case is a potential witness. An attorney isn't obligated to call everyone on his potential witness list. And an attorney rarely does.
I wonder if the 36 who were represented in court on Monday are the only players Nifong is interested in using as potential witnesses?
Doesn't look like it. She was convicted in 5/03 & he was sworn in as county prosecutor sometime in 2005. But that certainly doesn't mean he couldn't have used some influence in it somehow. If there's a connection I hope someone finds it.
Osborn mentioned the listed included 49 names, IIRC.
new...
Duke Case: Blasting the Nifong Bunker with Ballots
http://johnsville.blogspot.com/2006/07/duke-case-blasting-nifong-bunker-with.html
Not hearsay. An exception if the conversation is with one of the defendants. The against-the-interest-of-the-party exception.
They should all go together and get a PO box in Anchorage, Alaska and immediately do a change of address with Duke. Appeal the judges order to allow time for the change of address to take place. That would scald Nifong.
I appreciate the work all of you do. These boys may avoid getting railroaded because of it.
True.
Does not FreeRepublic rock or what? This is PRECISELY the type citizen journalism that Matt Drudge spoke of in his Encyclical of June 2, 1998.
See link here: http://www.libertyroundtable.org/library/essay.drudge.html
I stand corrected.
Interesting comment by HarleyinVT on abc11 re: swipe cards
... Nifong needs to know the alibi evidence of Finnerty, though he could have had it voluntarily. Now he has to wait for the trial and look like a fool. Nifong has lost the ability to change the timelines - the cell phone records give an accurate indication as to when Precious arrived. ...
http://forums.go.com/abclocal/WTVD/thread?threadID=124426
I used the myspace.com search. Not sure if you have to be a member to use the search function. Tried to post the link but it blew out the margins here and I didn't want to screw up the comments. Sent it to you in Freepmail. Let me know if it works.
This isn't my area of law, but I did look at FERPA on the day of the hearing.
A student's address is directory information. Not a big deal. The student or the parent can ask the school not to reveal the information, but Nifong did make a viable argument to release the information about the addresses. That is, the potential witness argument.
1. The order is limited to the students' addresses. Not their parents' addresses. The order doesn't require Duke to release the last known address. Duke is not under an obligation to track its students (other than for fundraising purposes! LOL!) Duke can respond that it does not know the current address of a particular student who has graduated (if it doesn't really know).
2. The ripeness is probably the best argument for not releasing the address information now, but I don't see where FERPA prohibits it. Also, there is nothing in the order imposing a continuing obligation on Duke. IOW, by the time Nifong needs the information to send out subpoenas, the information may be incorrect. That's why I think that the address issue was a red herring. It's no big deal.
3. He did. His potential witness argument was sufficient for the judge. And notice that a gag order (a real one) was imposed with respect to the address information.
4. Well, that's where ripeness also comes in. The judge should have asked Nifong if he had even tried to get the information from the attorneys. Here in Michigan, an attorney has to certify that he did attempt to resolve a matter by contacting opposing counsel before he can bother the court with a motion. That's obviously not a requirement in NC. But the issue should have been raised by one of the defense attorneys and framed as an argument for costs and attorney fees. (I'm assuming that would be allowed in NC.)
5. IIRC the defective argument went to the place of delivery of the information. I thought it was a weak argument. Obviously Titus did too.
JLS, the addresses just aren't a big deal and Nifong didn't get what he really wanted.
It's okay to post the link. The margins are blown on the preview but won't be on your post.
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