TDCAA Community
Examining Trial-how to stop fishing expo
October 31, 2006, 14:11
Bi HuntExamining Trial-how to stop fishing expo
What if State presents no evidence but defense atty subpoenas witnesses for fishing expedition? Usually, Court will find no PC if State puts on no evidence, but in this instance Court says it will allow Defense to call witnesses even though State is putting on no evidence unless there is caselaw that says he can't do this. There is no caselaw (that I could find anyway) because why would this ever be appealed? Usually, Court makes its decision in the absence of State's evidence only (not after defense goes on fishing expedition by calling the witnesses). Anybody have anything?
October 31, 2006, 14:57
JBDismiss the case. Without a case, the judge can't ignore the law and hold a hearing.
November 01, 2006, 10:42
Clay A.Dismiss, get a true bill, then rearrest. The defendant gets all of their Constitutional rights and a second trip to jail and a brand new bonding fee. They might also have some hard questions for their counsel.
November 01, 2006, 10:54
GGAgree strongly with Bradley and Clay.
November 01, 2006, 11:01
Gordon LeMaireWe routinely dismiss cases after a request for examining trial, then indict, if the case merits indictment.
November 01, 2006, 15:50
Shannon EdmondsWhat's wrong, John, can't your local judges read?
November 01, 2006, 15:54
JBJohn, baby, don't let some Austin lobbyist call you out like that without a comeback.
November 01, 2006, 17:19
JB
November 01, 2006, 17:32
Gretchen*ROFLMAO* Thanks for entertaining me while I work late tonight. And JR - there are probably enough of us in north Texas who might take you up on that offer for beers - any one else see that in the deleted post before JR hit delete? Wasn't that a round for everyone on the forum?

[This message was edited by Gretchen on 11-01-06 at .]
[This message was edited by Gretchen on 11-01-06 at .]
November 01, 2006, 17:37
JB A definition.November 02, 2006, 09:08
GG[QUOTE]Originally posted by Gretchen:
*ROFLMAO* Thanks for entertaining me while I work late tonight. And JR - there are probably enough of us in north Texas who might take you up on that offer for beers - any one else see that in the deleted post before JR hit delete? Wasn't that a round for everyone on the forum?

I DID see that post, and the one I saw invited ALL Texas prosecutors to his house this weekend for a round table discussion on this issue, beer gratis of the host. Is that the one you saw Gretch?

November 02, 2006, 09:30
Gretchenquote:
I DID see that post, and the one I saw invited ALL Texas prosecutors to his house this weekend for a round table discussion on this issue, beer gratis of the host. Is that the one you saw Gretch?
That's the one!

November 02, 2006, 09:40
JohnRGee whiz, haven't I been kicked around enough this week?

November 02, 2006, 12:36
GGCan you email directions to your house, JR?

November 02, 2006, 13:05
Gretchen Captain NeedaYou just disappeared.

A beer, please?
November 02, 2006, 13:40
GGIt's that pesky post number that gives you away, JR, er, I mean, Capt. Needa. Do you want us to bring snacks?
\
I think there is a section on changing your user name in The Perfect Plea. Scott Brumley told me about it.

November 02, 2006, 13:41
GGI have the perfect image for this thread but alas, can't post it because it is on my computer and I don't know a place on the web that has the image.
November 02, 2006, 13:48
GretchenCaptain Needa, I forgive you.
If you can't find a picture of a beer, I'll take the real deal.
November 02, 2006, 13:48
Gretchenquote:
I have the perfect image for this thread but alas, can't post it because it is on my computer and I don't know a place on the web that has the image.
Email it to us, GG.