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can a defendant be liable for the act of a no-billed co-defendant? Can one aid, direct, encourage and etc someone who has been no-billed?
 
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002Reply With QuoteReport This Post
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A no bill is simply a decision by a grand jury that there is, at that moment, insufficient evidence to indict. It is not a formal finding of fact. It is not an acquittal that closes the door forever to prosecution. It is not a declaration of innocence.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Of course- one joins RMN as an "unindicted co-conspirator!" It does seem plain in JB's clear phrasology; a grand jury no-bill works no estoppel, etc.
 
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002Reply With QuoteReport This Post
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But, to hold the defendant liable you will presumably have to prove the conduct of the conspirator beyond a reasonable doubt- a proposition not much encouraged by the decision of the grand jury.
 
Posts: 2385 | Registered: February 07, 2001Reply With QuoteReport This Post
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Martin, as PG Wodehouse used to make Jeeves say,"You've touched the thing with a needle."
 
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002Reply With QuoteReport This Post
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