Author Topic: Week 3, Monday, 7/8/13  (Read 8610 times)

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Offline annoyedbeyond

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Re: Week 3, Monday, 7/8/13
« Reply #75 on: July 08, 2013, 03:46:13 PM »
He'll be the second time the defense gets to put on a "law of self defense" class for the jury.  The first was Zimmerman professor who testified in person, the JAG officer.

All in all it has to be considered a pretty good day for the defense, eh?

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #76 on: July 08, 2013, 03:49:13 PM »
Rene Stutzman ‏@renestutzman 14m
OMG Angela Corey is wearing a toe ring. In court.
Second toe, right foot.



 :o I just thought y'all needed to know.

We didn't need to know, but I sure am happy we do.   ;D

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #77 on: July 08, 2013, 03:59:34 PM »
I understand why the state wouldn't want the defense to have anything that might sway the jury--but can anyone tell me why the court wouldn't allow anything positive for the defense (like the animation).

I think the law entitles the state to their Daubert hearing on the animation, just as it did the defense to their Frye hearing on the voice experts.

Offline cboldt

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Re: Week 3, Monday, 7/8/13
« Reply #78 on: July 08, 2013, 04:04:21 PM »
I think the law entitles the state to their Daubert hearing on the animation, just as it did the defense to their Frye hearing on the voice experts.

She made a distinction.  If it is an animation for demonstrative purposes, no need for a Daubert hearing.  If it is to be introduced into evidence, then there is a need for a Daubert hearing.  I have no idea what the differences are, other than evidence goes with the jury when it deliberates.

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #79 on: July 08, 2013, 04:31:40 PM »
6:30 PM.

Mantei is up. He wants more deposition of 2 defense witnesses.




Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #80 on: July 08, 2013, 04:33:49 PM »
Mantei says he has objections other than Daubert issues, state is indifferent to whether there is a Daubert hearing.


Offline cboldt

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Re: Week 3, Monday, 7/8/13
« Reply #81 on: July 08, 2013, 04:41:16 PM »
So, Daubert hearing is quickly converted to a Richardson hearing by Mantei, immediately after the animator appears.

Nelson asks Mantei to express the remedy.  He wants more time.  He wants to depose Schumaker and de Maio, and argue from there.  He presumes defendant will overcome Duabert.

Nelson suggests that the issue isn't qualification, it is contents of the animation.  Mantei says again he thinks the expert and the software are admissible, and the other issues are (edit) not Daubert.  Nelson wonders why there needs to be a Daubert hearing.  Mantei says he didn't ask for one.  ROTFL.

Nelson will allow deposition of Schumaker right now.  Recess Court, resume at 8:30 tomorrow.

O'Mara says the other proffer would consume 45 minutes, and that will occur prior to Connor's testimony.

Bernardo says the state may need to depose de Maio (who has spoken with Schumaker).  Nelson suggests that can be covered via telephone.  O'Mara informs the court that the issues communicated by de Maio to Schumaker are angle of gunshot and distance between skin and clothing, which do not appear in detail in the animation.
« Last Edit: July 08, 2013, 04:42:48 PM by cboldt »

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #82 on: July 08, 2013, 04:45:19 PM »
O'Mara says he thinks state's objections go to weight, not admissibility. Defense has another proffer, estimated 45 min. Nelson asked if the associated witness is to testify tomorrow. (At some point O'Mara said this witness is Richard Connor.)

West steps up, says it depends on how fast things go.

Nelson said they will continue with animation in the morning, have proffer for Connor when necessary, and state can continue deposition of Schumacher.

Bernie talking about Schumacher and Dr. DeMayo (sp?). O'Mara says latter will testify about angle of gunshot, distance from muzzle to skin.

Nelson says state can ask Schumacher in depo what DeMayo told him, then talk to DeMayo on phone before deciding if they need to depose him.

6:39 PM, Nelson called sidebar.

6:40 PM, court in recess until 8:30 AM, Schumacher to stay for deposition.

« Last Edit: July 08, 2013, 04:47:42 PM by nomatter_nevermind »

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #83 on: July 08, 2013, 04:55:16 PM »
Nelson wonders why there needs to be a Daubert hearing.  Mantei says he didn't ask for one.  ROTFL.

Yes, as I recall it was Nelson who first said the animation raised Daubert issues that called for a Daubert hearing.

Offline annoyedbeyond

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Re: Week 3, Monday, 7/8/13
« Reply #84 on: July 08, 2013, 05:51:54 PM »
So does this mean I'll finally be able to post the stuff about how pot can actually make some people aggressive?

It got deleted once before.

And of course there's different strains of pot nowadays different strengths...it's not all peaches and gravy like the old days.

Offline TalkLeft

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Re: Week 3, Monday, 7/8/13
« Reply #85 on: July 08, 2013, 09:25:38 PM »
No you cannot post that pot makes some people aggressive. The amount in his blood was too small.

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #86 on: July 09, 2013, 12:08:00 AM »
So Root gets to testify just not as an expert and there are 3 things he can't say.

I didn't hear anything about him not testifying as an expert.

Offline TalkLeft

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Re: Week 3, Monday, 7/8/13
« Reply #87 on: July 09, 2013, 02:00:54 AM »
I think he's still an expert, it's just that he can't give his ultimate opinion on those three items. (O'Mara didn't really disagree about those three things.)

Offline nomatter_nevermind

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Re: Week 3, Monday, 7/8/13
« Reply #88 on: July 09, 2013, 02:09:06 AM »
I really don't like Guy. I'd rather have Bernie flapping his arms around.

I'm the opposite. I feel Guy's demeanor is professional. Bernie's theatrics irritate me.

 

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