Recent content by gritguy

On first blush it would seem but it can be considered non-testimonial. However, I wouldn’t try it in court either due to the OJ factor. https://www.justice.gov/archives/jm/criminal-resource-manual-256-voice-exemplars-self-incrimination

Yes. There are a variety of times when a court decides to act on its own motion, and she decided this was such a time.

An unspent round by nature requires a bullet and a case (which holds a primer, gunpowder, and by tension the bullet together for a complete cartridge). But in my experience people often call rounds bullets or vice versa - like the never ending gun nut argument over the proper use of magazine...

As to tool mark analysis on casings, the Indiana Supreme Court has allowed it. In fact, they allowed testimony of a match based on tool marks on unfired cartridges to fired casings without the gun being in the picture at all (fairly remarkable; I saw at least one other state did not allow...

Here is a pic of a 9mm p226 (one of mine) with extractor engaging a dummy round just for reference. IMO the quality of the match cannot be known by us; just the conclusion a match was determined by the examiner which supports the PCA. The defense would likely make attacks on the process and...

It's interesting the search warrant for RL, which has a lot of details about some things (hair and fiber found, redacted short description or word about the type of weapon), did not mention the recovered round or the mention of "gun" on the video. Certainly the strategy of holding certain...

The rounds are carried in a magazine for this firearm. Usually that involves pressing down w a thumb but I suppose they didn’t get a print here. I also think there was someone who set this meeting up. If LE believe a 2nd person was at play that seems most likely to me how.

Talking about the gun. The extractor match is based on a scientific method but the match conclusion is "subjective in nature" (quoting the PCA itself) based on the examiner's training and experience. So the apparent quality of the match isn't known nor the qualifications or the examiner. This...

Well felony murder needs a predicate felony. The following takes the PCA fact allegations as true (which is of course an assumption). With the girls mentioning gun on the video, then the person directing them down the hill after displaying the gun (statute only requires removing the person...

I agree. Even BC talked to try to save custody. I understand some believe JY is innocent and/or the state bungled the case. However, I believe 100% he is guilty, and all his actions before and after the crime are consistent with that, IMO. To me, it is probative that JY chose to face serious...

Scanning the briefs, here seem to be the main issues: 1. Were the prior civil proceedings introduced to prove a fact alleged or admitted in those proceedings (NCGS 1-149)? 2. If they were not, did the trial court err in overruling the 403 objection that the undue prejudice of the...

Just did it for the day (or the shortest time it let me) since it was just to take a snapshot of opinion at that point. It might be interesting to do another one later and see if the general thinking on guilt/innocence changes as information is disclosed and processed.

WOW! Well, if she's in line at all with her buddy RH who she's doing it all for, she won't do that and open up all kinds of discovery in the civil suit. If she thinks the tabloid stories are bad, it's obvious she's never been on the receiving end of aggressive discovery procedures. Ok...

That statement won't move the needle in LH's favor (or against - it's a "say nothing" attorney statement). Why write it? Does the lawyer want publicity? Not saying he does, so perhaps he was just heeding his client's call to "do something" as she feels under enormous pressure. However...

I agree. That's why I made the poll like I did, not matching up the charges. The first, most horrifying question to me too is did he do it on purpose? If he did, the charges as laid are satisfied (who knows, maybe they might make additions or changes if they have lock solid evidence of...