It's true. Unless their paper is specifically a methods paper (one that describes a new method) or they haven't done anything beyond well-referenced methods, there's almost always something summarized for brevity that could be further explained. And actually I've even had to contact authors of methods papers come to think of it. It's rare and perhaps impossible to get a complete 'users manual' in a publication.
Judge O.H. Eaton Jr. says he believes a curative instruction to the jury should be enough to repair the problem. No mistrial.
by Jeff Cousins/WESH.com at 1:31 PM
Our legal expert Judge O.H. Eaton doubts a mistrial will happen.
by Jessica Steck/WESH.com at 1:30 PM
I understand that the "burden of proof" is the states responsibility but could someone explain to me how the DT can throw things out there without having to PROVE the theory their witness is testifying to.
I hope this question makes sense, it did in my head but not sure it came out the same way!
:floorlaugh::floorlaugh::floorlaugh: Too flipping funnyMaybe Ashton should have pulled out a wrinkled memo pad, stuck it on an easel and drawn some pictures of cans (and labeled them "CANNS") and then pointed to them to question the witness.
Burden of Proof shifting to Defense. In criminal law the defense does not have to do anything to include testing, witnesses anything and it can't be used against them for the burden lies solely on the Prosecution.
ETA: When JA asked the witness if he had seen any of the cans and he said no JA then asked if the DT had asked him to test it or if he had tested it - giving jury impression that the defense should have and yet law says they don't have to.
Okay now I'm confusing myself lol.
Simms went to far and now the Judge is trying to save the trial. She should not have gone down that road and once again they can violate rules of the procedure and then demand remedy.
Simms went to far and now the Judge is trying to save the trial. She should not have gone down that road and once again they can violate rules of the procedure and then demand remedy.
Maybe Ashton should have pulled out a wrinkled memo pad, stuck it on an easel and drawn some pictures of cans (and labeled them "CANNS") and then pointed to them to question the witness.
The talking heads on Wesh just said that the defense may have opened the door to switching the burden of proof from the state to the defense and it could be very close to a mistrial.
:gasp:
Please someone fill me in on this. I miss one half hour and it could be the most important half hour of the trial.