Logic-lady
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- Feb 24, 2016
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Can I ask a question for clarity from some of our American sleuthers/maybe even Harmony as you have lots of knowledge on this topic. It is my understanding that TM & MM were charged with 2nd degree murder, therefore the charge that needed to be proven was 2nd degree murder. It was up to the defense to cast reasonable doubt on that charge and/or mitigate the charges by proving self defense. Is that right?
http://www.independent.ie/irish-new...oject-question-evidence-to-jury-36026615.html
So on that basis, why did the defense not call any of the three lead detectives to the stand? They had the right to present any number of witnesses is that correct?
They had the opportunity to present alternate forensic theories to the jury using any number of their own witnesses and they chose not to. Surely that would mean no grounds for appeal if they were to move forward with the same counsel?
Seems to me the only basis they have for an appeal is if they can convince another judge of the worthiness of the children's sworn statements? (which I highly doubt given the time Judge Lee took to deliberate on the matter, but it is always possible I guess)
Unless they were stating they had received ineffective counsel I cannot see how an appeal application would be accepted. They had the opportunity to present a defense and they chose not to present one. Its not up to the prosecution to call their witnesses for them!
http://www.independent.ie/irish-new...oject-question-evidence-to-jury-36026615.html
The defence challenges in the appeal are set to include the failure to have three lead detectives in the investigation testify about what they were told about the events of August 2, 2015.No detective testified about what was said by the father and daughter before, during or after they gave voluntary statements at Davidson County Sheriff's Office between 5am and 8am on August 2.
The Martens will also challenge aspects of the forensic evidence against them while a third tier of the challenge will be the refusal of Judge David Lee to allow sworn statements from Mr Corbett's children, Jack (12) and Sarah (10), to be allowed into defence evidence.
So on that basis, why did the defense not call any of the three lead detectives to the stand? They had the right to present any number of witnesses is that correct?
They had the opportunity to present alternate forensic theories to the jury using any number of their own witnesses and they chose not to. Surely that would mean no grounds for appeal if they were to move forward with the same counsel?
Seems to me the only basis they have for an appeal is if they can convince another judge of the worthiness of the children's sworn statements? (which I highly doubt given the time Judge Lee took to deliberate on the matter, but it is always possible I guess)
Unless they were stating they had received ineffective counsel I cannot see how an appeal application would be accepted. They had the opportunity to present a defense and they chose not to present one. Its not up to the prosecution to call their witnesses for them!