Posted on 06/25/2015 4:33:52 PM PDT by Prolixus
That was my question. The limits of my understanding are that, under Brady, the prosecution must turn over any exculpatory evidence.
Waco cops and ATF have had over a month to fix the video to suit their story so what’s with these delay tactics? Expect the same thing to happen to the video and all the confiscated cell phones as happened to Lerner’s hard drive.
Obviously, you did not click the link I posted. Make a point for once instead of hurling accusations.
What is an examining trial?
“What is an examining trial?”
The examining trial may be requested by the accused if he thinks he has been wrongly accused. It is a mini-trial before a judge only with rules more lax than a real judge. It does not determine guilt but only whether he should be indicted.
Although the accused can request and obtain an examining trial, the prosecutor may make an immediate indictment and the right to an examining trial is then terminated.
“Obviously, you did not click the link I posted. Make a point for once instead of hurling accusations.”
Obviously, I did and I made my point.
You don't have Grand Jury in Texas? Prosecutors make indictments?
McClennan will have plenty of time to file lawsuits from his perch inside a Texas penitentiary.
Then why would you say I had no idea of what it was? I had made no comment save post the link (after I had read the statute). As usual, you rush to hurl a baseless accusation. It's getting old.
Who is McClennan? Are you referring to some of the officials of McClenan County going to the pen?
>>> What is an examining trial? <<<
The texas code is mostly unreadable, so try this link:
http://sgw-law.com/examing-trials-texas/
So are you saying that since the police have the video and the attorney for one of the defendants that is out on bail from the incident wants to see the video because it might clear his client and the police won’t give it to him, that it is wrong to try to force the police to hand over a copy?
“That was my question. The limits of my understanding are that, under Brady, the prosecution must turn over any exculpatory evidence.”
True, IAW the rules of discovery. I don’t believe they are required to turn over evidence before an indictment unless the accused requests an examination trial.
Nope. ISTM that one function of the examining trial is to confirm that probable cause did indeed exist to arrest. Defendant wants to challenge probable cause and believes that a video would show that he did not conspire (which is all that anyone is charged with.)
What is an examining trial?
“You don’t have Grand Jury in Texas? Prosecutors make indictments?”
GJ indictments are only required for serious felonies.
I think that they are trying to find indictable charges. I don’t think that non-specific conspiracy charges are enough.
More importantly, they are delaying because they can. No Feds or MSM are jumping ugly on them.
GRAND JURY. The function of the grand jury, which seems to have been instituted in England about the middle of the twelfth century, is to determine cause for criminal prosecution. Though instituted as a means of making the local community responsible for bringing its malefactors to justice, it has come to be regarded over the centuries as a safeguard against unwarranted prosecution and, as such, was incorporated in the Fifth Amendment to the United States Constitution, a provision that has not been made applicable to the states by the doctrine of selective incorporation; however, a correlative provision in the Texas Constitution of 1876 requires grand jury indictment for prosecution of a felony (see CRIMINAL LAW, ENGLISH LAW). The indictment is termed a “true bill” against a prisoner; a decision not to indict is termed a “no bill.”
https://tshaonline.org/handbook/online/articles/jlg01
I guess the “Nope” was the answer to “is wrong to try to force the police to hand over a copy?”
OK my bad, I looked at the article again and see that the subpoena is not to the police, but to a private party so, is “seeking records in a criminal case from a non-party” a bad thing?
HAhaahahahahahahahaahahahhaahahahahahaha
ahahahahahahahahahahahahaa
hahahahahahahahahahahahahha
sorry. it's just so funny.
The prosecutor is an agent of the state, and it is his job to execute the will of the state.
Truth and justice have nothing whatsoever to do with his job in today's America.
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