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After reading the Motions from the Defense and from the State, it appears that they're both agreeing to it not being televised.
4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #82
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You are absolutely correct. My point was, as far as Judge Judge is concerned, it is capital case until the prosecution says it isn’t.
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I asked upthread if the media challenged the judge’s decision on live tv coverage of the Lori Vallow Daybell trial.
I can answer my own question now: no, they almost certainly didn’t. Because this is the law on cameras in the Idaho courtroom:
“The judge may, at his or her discretion, limit, restrict or prohibit without notice the use of motion and still cameras in the courtroom when the administration of justice requires. And, importantly, the judge’s decision is not subject to appellate review. I.C.A.R. 45(b).”
[BBM]
From:
www.rcfp.org
My apologies if this fact about Idaho law has already been posted.
I can answer my own question now: no, they almost certainly didn’t. Because this is the law on cameras in the Idaho courtroom:
“The judge may, at his or her discretion, limit, restrict or prohibit without notice the use of motion and still cameras in the courtroom when the administration of justice requires. And, importantly, the judge’s decision is not subject to appellate review. I.C.A.R. 45(b).”
[BBM]
From:
Idaho
Learn more about court access issues in your state and federal circuit with the Reporters Committee's Open Courts Compendium.
www.rcfp.org
My apologies if this fact about Idaho law has already been posted.
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I thought I was done with the Objection: then noticed the exhibits!
Truescope exhibit A: Love the graphics.
Estimated 2.1 Billion impressions (opportunity to see a story) 11/13- 6/6 time period
The metrics over time graphic is
.
Key Phrases used to look up the case: The phrase I use to search wasn't included. Interesting to see the different phrases used and their popularity.
Media types in use, no surprises.
Need to look up Rebecca Boone: 1086 Stories.
Authority figures MPD highest impressions.
Non-Authority figures J Coff. highest
Attorn SG had a high number of Impressions
Looking forward to Truescopes testimony. MOO
Then Exhibit D
Fascinating!!!
Amani El-Alayli - I love that name
Social Psychologist. Social Cognition Researcher.
These are only a few points: the whole report is so interesting.
As social psychologist, I can identify number of ways in which media exposure regarding the Kohberger case or the parties involved would likely bias the opinions held by the public, and thus prospective jurors in ways that cannot be mitigated easily or at all.
Unfortunately, the most reliable solution for preventing bias among jurors is the prevention of exposure to this information in the first place.
Thus, deliberation is not seen as method for eliminating pretrial publicity exposure effects, and can even worsen them because it provides means to spread information to jurors who had not yet been exposed.
She talks about what 100% sure really means.
MOO: 100 % sure really means 80% sure 20% of the time. I think that is what she is describing. MOO
MOO
Edit: moved the 100% sure statement to last and tried to clarify it.
Truescope exhibit A: Love the graphics.
Estimated 2.1 Billion impressions (opportunity to see a story) 11/13- 6/6 time period
The metrics over time graphic is
.Key Phrases used to look up the case: The phrase I use to search wasn't included. Interesting to see the different phrases used and their popularity.
Media types in use, no surprises.
Need to look up Rebecca Boone: 1086 Stories.
Authority figures MPD highest impressions.
Non-Authority figures J Coff. highest
Attorn SG had a high number of Impressions
Looking forward to Truescopes testimony. MOO
Then Exhibit D
Fascinating!!!
Amani El-Alayli - I love that name
Social Psychologist. Social Cognition Researcher.
These are only a few points: the whole report is so interesting.
As social psychologist, I can identify number of ways in which media exposure regarding the Kohberger case or the parties involved would likely bias the opinions held by the public, and thus prospective jurors in ways that cannot be mitigated easily or at all.
Unfortunately, the most reliable solution for preventing bias among jurors is the prevention of exposure to this information in the first place.
Thus, deliberation is not seen as method for eliminating pretrial publicity exposure effects, and can even worsen them because it provides means to spread information to jurors who had not yet been exposed.
She talks about what 100% sure really means.
MOO: 100 % sure really means 80% sure 20% of the time. I think that is what she is describing. MOO
MOO
Edit: moved the 100% sure statement to last and tried to clarify it.
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MOO I don't see the photo in the magazine. Possibly they went back and removed it?
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I don't see it inside the magazine, but it is on that front cover page top right. MOO
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Now I see it. Better times. MOO his mind went south, not MH per se, but as self interest feeding off self interest echo chamber.
Click the magazine to open, the first page that opens up is this. Upper Right. He sits right above the 0 in "20". But open the original, as I had to downsize the SS
NorthamptonCC - Northampton Magazine Summer 2018
Northampton Community College Magazine
northamptoncc.uberflip.com
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Thanks, @Nila Aella, great information.
(RSBBM): Somehow, I don't think I knew about this or it slipped my mind:
"States cannot provide less protection than the federal constitution", in that context.
The other side of that coin, IMO, in another context, is this:
If a state has more stringent requirements than the federal government, they're superseding.
I wonder if that applies in this context as well.
For instance, that if a state, Idaho in this case, has more protective laws, they will rule over federal laws.
If that makes sense. If it doesn't, please ignore.
MOO
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I think I get what your asking: if the state law can overide federal law?
I think No because of the Supremacy Clause, but IANAL and ICBTW.
This is a question for @PrairieWind
or one of the other attorney posters (still learning which ones are attorneys)This might help: Difference between state and federal laws
Supremacy Clause - State vs. Federal - Who Rules?
The supremacy clause can be applied to debt. State and federal, learn how to apply it.
carreonandassociates.com
states cannot override federal laws due to the Supremacy Clause of the US Constitution (Article VI, Clause 2). According to the Supremacy Clause, the Constitution, federal laws, and treaties made under its authority are the "supreme law of the land" and supersede any conflicting state laws. State courts and constitutions are subject to federal laws and the Constitution.
ETA other attorney posters
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Both yourself and @Nila Aella are correct.
Idaho along with all states are required to follow U.S. Supreme Court's rulings, this is because The Constitution of the United States and the Supreme Court's interpretation of it sets a minimum standard of protections and rights that all states must adhere to, it's a principle known as the Supremacy Clause in Article VI. Article VI
Despite states being required to meet these minimum requirements; they are also free to provide additional protections under their own state constitutions.
So, a state cannot provide less protection than the U.S. Constitution affords, but it can choose to provide more.
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Maybe. I know some people never have enough money, but he's supposed to be the 3rd richest author in the world. He's known as someone who doesn't suffer fools gladly, and supposedly eats people with ideas he doesn't like for breakfast, but he also has given alot of grant money to independently owned bookstores. I'm hopeful that he would do the right thing and give whatever he found to LE.
Looking forward to joining @EVargasTV this evening at 6pm EST to discuss the hearings concerning the #Idaho4 case. I expect the Gag order to be upheld through trial, although the judge may take his time to rule. I also expect him to allow streaming at trial, but on a delayed release like he did for the other hearings he has had. We shall see...
#bryankohberger's Media Expert will testify on BK's behalf. Expert witnesses typically cost between $250 and $750/Hour. A 58 page report can cost up to and exceed $50,000. The expert must research, write, support, and pour through social media and main stream media reports to back their position. It's a lot of money to fight merely a Gag order. Recall too, The Defense hired a crime scene Expert on day 1. I believe this Judge would have supported the Gag order based on the same arguments that convinced the Magistrate. Interesting the Pros isn't calling an expert...there is a reason.
#bryankohberger's Media Expert will testify on BK's behalf. Expert witnesses typically cost between $250 and $750/Hour. A 58 page report can cost up to and exceed $50,000. The expert must research, write, support, and pour through social media and main stream media reports to back their position. It's a lot of money to fight merely a Gag order. Recall too, The Defense hired a crime scene Expert on day 1. I believe this Judge would have supported the Gag order based on the same arguments that convinced the Magistrate. Interesting the Pros isn't calling an expert...there is a reason.
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It's on the cover - top right, with the number 20 over it.
Page is a little cluttered, but he's right there, front row.
NorthamptonCC - Northampton Magazine Summer 2018
Northampton Community College Magazine
northamptoncc.uberflip.com
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Edit: wasn't sure if these were new but I checked against my last posted update and they are new. Not sure when they appeared. MOO
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Hmm, wonder if the media will address the judge's comment on the standing silent piece.
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Can't wait to see if Judge Judge clarifies this for Mr. Gray.
Bill Thompson just clarified this explaining that he was not permitted to interview the family. This seems like grandstanding by Gray and if so we're off to a very bad start in how the public sees the family and prosecution interacting not to mention the judge. Sigh. JMO.
If he pokes holes in the prosecutions handling what in the hell is the defense going to do???
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