Holly Bobo, missing from TN 2014 discussion #4 ***ARRESTS***

[oceanblueeyes]

https://twitter.com/JordanBuie

· 3s John Herbison, of Clarksville, along with two other attorneys will represent Jason Autry, Herbison said in court Tuesday. #HollyBobo


----------------------------------------------------------------


Wow ... 3 attorneys ...

IIRC, Autry's arraignment is scheduled tomorrow ... and ya know it is going to be real interesting !

:seeya:

Thanks for all the updates.

Hmmm I wonder if at least one is a death penalty qualified lawyer?

IMO

 

[oceanblueeyes]

Court's ruling that it lacks jurisdiction leaves lots of questions unanswered on this. Interesting and frustrating at the same time.

Did they say which Judge would have jurisdiction over the case?

 

[SteveS]

The next event in the process...

DECATUR COUNTY, Tenn. (AP/NewsChannel 5) – A dispute about an immunity agreement in the Holly Bobo murder case will now go before the Decatur County Circuit Court.

A chancellor made the ruling after hearing arguments Tuesday morning from prosecutors as well as an attorney for Shayne Austin.

<modsnip>

http://www.newschannel5.com/story/25615439/hearing-to-address-immunity-agreement-in-bobo-case

 

[dog.gone.cute]

Immunity Agreement In Bobo Case To Go Before Circuit Court


DECATUR COUNTY, Tenn. (AP/NewsChannel 5) – A dispute about an immunity agreement in the Holly Bobo murder case will now go before the Decatur County Circuit Court.

A chancellor made the ruling after hearing arguments Tuesday morning from prosecutors as well as an attorney for Shayne Austin.


More at link: http://www.newschannel5.com/story/2...ement-in-bobo-case-to-go-before-circuit-court

 

[jggordo]

Also I am wondering if the TBI, FBI or District Attorney could not present the immunity agreement along with other evidence against Shayne to the Grand Jury. And let the GJ find that he did or did not violate the agreement. All the evidence presented there is secret so as the Prosecutor not to divulge until discovery and trial.

More Wondering, what do you think?

 

[dog.gone.cute]

I wonder what happened to Fletcher Long?

Just wondering

:seeya: He's still involved ... IIRC, Herbison's name was mentioned before.


Link: http://www.newschannel5.com/story/2...hosen-for-second-suspect-charged-in-bobo-case

Attorney Fletcher Long said Friday that he, along with his Clarksville-based law partner John Herbison, will join Mike Flanagan in defending Jason Wayne Autry.

 

[SteveS]

About the Tennessee Trial Courts (from the state's own website)

Tennessee&#8217;s 95 counties are divided into 31 judicial districts. Within each district are Circuit Courts and Chancery Courts, as provided by the state constitution. Some districts also have legislatively established Criminal Courts and Probate Courts. Judges of these courts are elected to 8-year terms.

CIRCUIT COURTS
Circuit Courts are courts of general jurisdiction in Tennessee. Circuit court judges hear civil and criminal cases and appeals of decisions from Juvenile, Municipal, and General Sessions Courts. The jurisdiction of circuit courts often overlaps that of the chancery courts. Criminal cases are tried in circuit court except in districts with separate criminal courts established by the General Assembly.

CHANCERY COURTS
Chancery Courts are courts of equity that are based on the English system in which the chancellor acted as the &#8220;King&#8217;s conscience.&#8221; A chancellor, the judge who presides over chancery courts, may modify the application of strict legal rules and adapt relief to the circumstances of individual cases. Chancery Courts handle a variety of issues including lawsuits, contract disputes, application for injunctions and name changes. A number of matters, such as divorces, adoptions, and workers&#8217; compensation, can be heard in either chancery or circuit court.

CRIMINAL COURTS
Criminal Courts were established by the legislature to relieve circuit courts in areas with heavy caseloads. In addition to having jurisdiction over criminal cases, criminal court judges hear misdemeanor appeals from lower courts. In districts without criminal courts, criminal cases are handled at the trial level by circuit court judges.

 

[maskedwoman]

http://ezinearticles.com/?Motive-and-Opportunity:-Are-They-Necessary-to-Prove-Murder?&id=6652179

http://www.justia.com/criminal/docs/calcrim/300/370.html

Respectfully, the various writings about the role of motive has nothing to do with what I said. I stand by my comment. I cannot ever remember seeing a former jury member say they found someone not guilty solely because motive was lacking in the prosecution's case. Proof yes, motive no.

 

[oceanblueeyes]

I agree that juries want the whole story laid out for them if the prosecuters know it. The whole "Closing Arguments" is where the prosecuters will usually try to give the story of what, how, and why things happened if they know it.

They should only do that if they really know for sure though because sometimes it seems like closing arguments have some theories in them and I think that can lose a case for prosecuters when they go too far out on a limb with their theories of why things happened. Sometimes its best to just stick to what they have proven and leave it be at that.

IMO, the Jodi Arias trial prosecuter went a little too far out on a limb with certain specifics that were uneccessary like the timing of when he was shot.

It didnt matter when he was shot because she stabbed him so much anyway. The timing of the shot became a big rigamaroo and IMO the prosecuter could have just not tried to say when it exactly happened.
Things like that they need to be careful with.

Dont get me wrong. I love Juan though and cant wait for the sentencing re-try of Jodi.

Juan only did this because so much was made out of which came first.........the shot to the head or the gosh awful stabbings and slicing of the throat. He had to lay it out succinctly since the forensic evidence supported his theory of the case.

It did make a difference because the defense from the get go made it a big issue and fought that one issue all throughout the case. The defense tried to imply 'oh well he was already shot in the head first and felt no pain when he was being slaughtered' which was a big bald face lie not supported by the evidence.

Juan would have been remiss in his duties as Prosecutor if he did not address that issue completely. The DT kept using that trying to get the death penalty removed. So yes, unfortunately the DT did make a big deal about it and when they did Juan drove a Mack truck right through their theory. Rightly so.

IMO

 

[maskedwoman]

Thanks! Even though I think motive was established in Casey's case , it clearly shows how important the jury takes these unanswered questions seriously when it comes down to making their decision.

Personally, given what I know about that case, I think quoting the Casey Anthony jury about pretty much anything is a poor choice to support the point about motive. They didn't think the state proved anything. One would almost think the child dropped herself off and crawled into that duffel bag.

 

[oceanblueeyes]

Immunity Agreement In Bobo Case To Go Before Circuit Court


DECATUR COUNTY, Tenn. (AP/NewsChannel 5) – A dispute about an immunity agreement in the Holly Bobo murder case will now go before the Decatur County Circuit Court.

A chancellor made the ruling after hearing arguments Tuesday morning from prosecutors as well as an attorney for Shayne Austin.


More at link: http://www.newschannel5.com/story/2...ement-in-bobo-case-to-go-before-circuit-court

DGC, I read on another site this morning that the TBI had an informant waiting on standby to testify in case the Judge ruled this was her jurisdiction? Did you see that? I think it was from a news twitter.

It may have been linked here but I am just starting to catch up on all the posts again.

tia

 

[oceanblueeyes]

Personally, given what I know about that case, I think quoting the Casey Anthony jury about pretty much anything is a poor choice to support the point about motive. They didn't think the state proved anything. One would almost think the child dropped herself off and crawled into that duffel bag.

I couldn't agree with you more.

I understand why posters throw up the Anthony case quite frequently. However it is certainly not representative of all jurors who serve day in and day out in this country. It is far from it as it can get to representing jurors who constantly uphold the law, their oaths and are fully aware of what the state's burden is.

All the Anthony case is an anomaly ......... where 12 people decided ONE case and overburdened the state on things they didn't have to even prove.

That is all the Anthony case is to me. One single case out of many thousands and a decision of 12 people.

IMO

 

[oceanblueeyes]

Also I am wondering if the TBI, FBI or District Attorney could not present the immunity agreement along with other evidence against Shayne to the Grand Jury. And let the GJ find that he did or did not violate the agreement. All the evidence presented there is secret so as the Prosecutor not to divulge until discovery and trial.

More Wondering, what do you think?

I would think this may work. I understand the DAs point completely. I have never seen discovery in any case be known to defense attorneys and their client even before they have been charged. That is ridiculous, and I think Austin defense attorney is on a fishing expedition even before he and Austin are invited to go fishing.:floorlaugh:

IMO

 

[dog.gone.cute]

DGC, I read on another site this morning that the TBI had an informant waiting on standby to testify in case the Judge ruled this was her jurisdiction? Did you see that? I think it was from a news twitter.

It may have been linked here but I am just starting to catch up on all the posts again.

tia

:seeya: Sorry, OBE, I did not see anything like that on the sites I was updating from.

Now, I do remember this one from Jordan Buie at the Jackson Sun that had TBI in it :

Jordan Buie @JordanBuie

1 m Shayne Austin's attorney has filed subpoenas to take depositions from two TBI agents, according to records. #HollyBobo


:seeya:

 

[oceanblueeyes]

https://twitter.com/JordanBuie


30s Lawyers are arguing in Decatur County Chancery Court whether the court has jurisdiction over breach of immunity contract.#HollyBobo


1m Shayne Austin's attorney said the state maybe has "buyer's remorse" filling an immunity agreement with Austin. #HollyBobo

Shayne Austin's attorney said the state MAYBE has "buyer's remorse" filling an immunity agreement with Austin.

Yep, Austin's attorney is on a fishing expedition alright.

In other words he doesn't really know diddly squat if they really have buyers remorse or if they have solid evidence showing Austin was much more involved than he has let on.

But he sure wants to know though even before Austin is charged.:floorlaugh:

 

[oceanblueeyes]

​

:seeya: Sorry, OBE, I did not see anything like that on the sites I was updating from.

Now, I do remember this one from Jordan Buie at the Jackson Sun that had TBI in it :

Jordan Buie @JordanBuie

1 m Shayne Austin's attorney has filed subpoenas to take depositions from two TBI agents, according to records. #HollyBobo


:seeya:

Thank you. I will see if I can find it again . I think it was also tweeted by Jordan Blue.

 

[oceanblueeyes]

Here it is DGC.

Chris Conte &#8207;@NC5_ChrisConte 28m
#hollybobo case back in court today .. We just saw TBI informant and suspect Shayne Austin enter the courtroom @nc5

Never mind I think the two are one in the same. He was an informant and also now a suspect.

Sorry.

 

[dog.gone.cute]

Here it is DGC.

Chris Conte &#8207;@NC5_ChrisConte 28m
#hollybobo case back in court today .. We just saw TBI informant and suspect Shayne Austin enter the courtroom @nc5

Never mind I think the two are one in the same. He was an informant and also now a suspect.

Sorry.

:seeya: Thanks !

 

[jggordo]

Am I correct in my thinking that Shayne could actually testify before the Grand Jury to explain his position as to the immunity agreement and as well LE to testify as to how he was not truthful with the evidence to support that?

JMO's

 

[SteveS]

Am I correct in my thinking that Shayne could actually testify before the Grand Jury to explain his position as to the immunity agreement and as well LE to testify as to how he was not truthful with the evidence to support that?

JMO's

Nope, the GJ would be the wrong venue, as LE has the burden to prove BARD that he violated the agreement. The issue would be for a court to decide in some manner, assuming LE wants to charge him with something covered by the immunity agreement.

The question that's undetermined is WHEN the DA has to prove something to the court, in order to have the latitude to seek an indictment on immunity-covered acts.