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[What is with these pretrial hearings that last longer than a trial would take in Texas?]

Simpson hearing nears end in Las Vegas
By KEN RITTER
Associated Press Writer
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LAS VEGAS -- O.J., C.J., Spencer, Goldie and a couple of Charlies. For three days, their nicknames have been heard in obscenity-laced audio tapes and sometimes dramatic testimony about how O.J. Simpson and armed men confronted two sports memorabilia dealers trying to sell items the aging football star claimed were his.

A preliminary hearing was expected to end Wednesday with Justice of the Peace Joe M. Bonaventure deciding whether Simpson, Clarence "C.J." Stewart and Charles "Charlie" Ehrlich should go to trial on 12 charges, including kidnapping and armed robbery. A conviction on the kidnapping count could result in a sentence of life in prison with the possibility of parole. An armed robbery conviction could mean mandatory prison time.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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I have an upcoming motion to supress hearing for Hospital drawn blood ( no mandatory blood draws in spite of tree deceased) Attorney has advised that I should have everyone there in the chain and I think that is stupid as it goes to the weight and not the admissibility. What is important is whether the Judge will accept my expert's extrapolation on blood drawn 3 hours later.Right? Also would love to talk to someone who has been through a suppression hearing on Black box evidence.
 
Posts: 334 | Location: Beeville, Texas., USA | Registered: September 14, 2001Reply With QuoteReport This Post
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A pretrial motion to suppress focuses on the legality of the seizure of the evidence. It does not focus on the various predicates for the ultimate admissibility of the evidence. A defendant has no right to litigate the predicate before trial, and you should resist giving any defendant that right, as you merely end up trying the case before you try the case.

So, unless the defendant has some argument regarding the manner in which his blood was drawn (bad search warrant, etc.), there should be no pretrial hearing.

For a similar discussion, read this thread or this thread. Likewise, you should not be having a pretrial hearing on the admissibility of an expert's opinion. While a defendant has a right to a hearing on the issue outside the jury's presence, that is not the same as a right to a pretrial hearing.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Too bad about the lengthy pre-trial. OJ could be using that time to find the real memorabilia thief.
 
Posts: 245 | Location: Austin, Texas | Registered: July 08, 2003Reply With QuoteReport This Post
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That is TOO FUNNY, Boyd! Big Grin
 
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
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