LTE 2.0

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lawgrad91
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Re: LTE 2.0

Post by lawgrad91 » August 25th, 2010, 10:29 pm

TillyGalore wrote:Is the criminal case against your client? I think I need more details as I just don't understand how a prosecutor could possibly think they could get away with this. Do they, present company excluded of course, really think other lawyers are that dumb?
Typically it isn't the prosecutors who think our learned colleagues are stupid. It's the police who KNOW the defendants did it, and don't worry about little things like the Constitution.
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Re: LTE 2.0

Post by devildeac » August 25th, 2010, 10:34 pm

DukeUsul wrote:Took my parents, brother, SIL, and nephew out to dinner for my mom's birthday. Indian. Oh it was so good. An I'm stuffed.

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Re: LTE 2.0

Post by devildeac » August 25th, 2010, 10:35 pm

Quite a crowd here at the moment.
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Re: LTE 2.0

Post by CathyCA » August 25th, 2010, 10:36 pm

lawgrad91 wrote:
TillyGalore wrote:Is the criminal case against your client? I think I need more details as I just don't understand how a prosecutor could possibly think they could get away with this. Do they, present company excluded of course, really think other lawyers are that dumb?
Typically it isn't the prosecutors who think our learned colleagues are stupid. It's the police who KNOW the defendants did it, and don't worry about little things like the Constitution.
This case involved cross warrants. Neither Defendant wished to testify against the other as they are now having a baby together. We were in DV court. Rather than dismissing the cases, the prosecutor had to call each to testify. After stating their names and other identifying information, each Defendant asserted the 5th A.

It's a little unusual, in that most prosecutors, knowing beforehand that the witnesses won't be testifying against each other, simply dismiss the case. But our DA's office has a policy of not dismissing any cases in DV court. So, we had to go through the extra step of coaching our clients on how to assert their 5th A rights.
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Re: LTE 2.0

Post by lawgrad91 » August 25th, 2010, 10:43 pm

CathyCA wrote:This case involved cross warrants. Neither Defendant wished to testify against the other as they are now having a baby together. We were in DV court. Rather than dismissing the cases, the prosecutor had to call each to testify. After stating their names and other identifying information, each Defendant asserted the 5th A.

It's a little unusual, in that most prosecutors, knowing beforehand that the witnesses won't be testifying against each other, simply dismiss the case. But our DA's office has a policy of not dismissing any cases in DV court. So, we had to go through the extra step of coaching our clients on how to assert their 5th A rights.
Technically, we aren't supposed to drop DV cases in VA. Like in most places, though, the people who make the laws don't have a clue how they actually work in practice, so if defense attorneys tell me their clients aren't going to testify against each other, I ask to dismiss. The judge usually asks for one defendant, or both, to pay costs, and they usually agree to do so.
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Re: LTE 2.0

Post by Very Duke Blue » August 25th, 2010, 11:12 pm

What a busy month for us. At the lake place for 6 days, mountain house for 5 days and Myrtle Beach for 9 days. Bud had to go to Panama City Mon. and will return tomorrow. Oh yeah, we leave tomorrow for Kenansville to met my cousins from Va. Beach and Texas. We all go to Emerald Ilse to DukePa's house Fri. Glory be, Bud & I come home Sunday and collapse.
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Re: LTE 2.0

Post by CathyCA » August 25th, 2010, 11:14 pm

lawgrad91 wrote:
CathyCA wrote:This case involved cross warrants. Neither Defendant wished to testify against the other as they are now having a baby together. We were in DV court. Rather than dismissing the cases, the prosecutor had to call each to testify. After stating their names and other identifying information, each Defendant asserted the 5th A.

It's a little unusual, in that most prosecutors, knowing beforehand that the witnesses won't be testifying against each other, simply dismiss the case. But our DA's office has a policy of not dismissing any cases in DV court. So, we had to go through the extra step of coaching our clients on how to assert their 5th A rights.
Technically, we aren't supposed to drop DV cases in VA. Like in most places, though, the people who make the laws don't have a clue how they actually work in practice, so if defense attorneys tell me their clients aren't going to testify against each other, I ask to dismiss. The judge usually asks for one defendant, or both, to pay costs, and they usually agree to do so.
And trust me, I totally understand why the policy of not dismissing DV cases exists. It was simply one more hoop that I had to jump through, even though the dismissal seemed perfectly obvious, and yet I had to do the whole 5th A thing with my client.
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Re: LTE 2.0

Post by lawgrad91 » August 25th, 2010, 11:28 pm

We had one of those lovely DV cases to blow up in our faces, where the parties made up and the following week he got mad and killed her houseguest, who was a teenaged friend of her daughter's. I worry about that every time the parties make up but there isn't much I can do about it.
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Re: LTE 2.0

Post by CameronBornAndBred » August 25th, 2010, 11:29 pm

Very Duke Blue wrote:What a busy month for us. At the lake place for 6 days, mountain house for 5 days and Myrtle Beach for 9 days. Bud had to go to Panama City Mon. and will return tomorrow. Oh yeah, we leave tomorrow for Kenansville to met my cousins from Va. Beach and Texas. We all go to Emerald Ilse to DukePa's house Fri. Glory be, Bud & I come home Sunday and collapse.
:Stop: :ymsigh:
How cool! You will have a well earned rest...what will Harley be doing?
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Re: LTE 2.0

Post by DukeUsul » August 25th, 2010, 11:42 pm

We're still up in NJ and went to a new place called Monsoon in Mt Laurel.

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Re: LTE 2.0

Post by CathyCA » August 26th, 2010, 7:07 am

lawgrad91 wrote:We had one of those lovely DV cases to blow up in our faces, where the parties made up and the following week he got mad and killed her houseguest, who was a teenaged friend of her daughter's. I worry about that every time the parties make up but there isn't much I can do about it.
And that's exactly why our DA doesn't dismiss any DV matter. Period.
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Re: LTE 2.0

Post by TillyGalore » August 26th, 2010, 7:33 am

CathyCA wrote:
lawgrad91 wrote:We had one of those lovely DV cases to blow up in our faces, where the parties made up and the following week he got mad and killed her houseguest, who was a teenaged friend of her daughter's. I worry about that every time the parties make up but there isn't much I can do about it.
And that's exactly why our DA doesn't dismiss any DV matter. Period.
CathyCA, Lawgrad91, thank you for the explanations, now I get it. Well, most of it. What does DV stand for?
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Re: LTE 2.0

Post by devildeac » August 26th, 2010, 7:42 am

DukeUsul wrote:We're still up in NJ and went to a new place called Monsoon in Mt Laurel.

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That's getting really close to where I grew up.
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Re: LTE 2.0

Post by OZZIE4DUKE » August 26th, 2010, 7:47 am

TillyGalore wrote:
CathyCA wrote:
lawgrad91 wrote:We had one of those lovely DV cases to blow up in our faces, where the parties made up and the following week he got mad and killed her houseguest, who was a teenaged friend of her daughter's. I worry about that every time the parties make up but there isn't much I can do about it.
And that's exactly why our DA doesn't dismiss any DV matter. Period.
CathyCA, Lawgrad91, thank you for the explanations, now I get it. Well, most of it. What does DV stand for?
I'm pretty sure it is Domestic Violence. :-o
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Re: LTE 2.0

Post by devildeac » August 26th, 2010, 8:22 am

OZZIE4DUKE wrote:
TillyGalore wrote:
CathyCA wrote: And that's exactly why our DA doesn't dismiss any DV matter. Period.
CathyCA, Lawgrad91, thank you for the explanations, now I get it. Well, most of it. What does DV stand for?
I'm pretty sure it is Domestic Violence. :-o
I sure as hell hope they are not talking about Dick Vitale. 8-|
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Re: LTE 2.0

Post by Lavabe » August 26th, 2010, 8:32 am

Today I tried a pear apple ... which is really a pear. :-?

If I wanted a pear, I'd have eaten a pear, probably a Bartlet. Why do they think that pear apples are any better than a pear? /:)
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Re: LTE 2.0

Post by lawgrad91 » August 26th, 2010, 9:18 am

OZZIE4DUKE wrote:
TillyGalore wrote:CathyCA, Lawgrad91, thank you for the explanations, now I get it. Well, most of it. What does DV stand for?
I'm pretty sure it is Domestic Violence. :-o
Good answer, Ozzie! DV is domestic violence, except during basketball season, where the other DV causes people to want to commit domestic violence.
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Re: LTE 2.0

Post by DukeUsul » August 26th, 2010, 9:37 am

devildeac wrote:
DukeUsul wrote:We're still up in NJ and went to a new place called Monsoon in Mt Laurel.

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That's getting really close to where I grew up.
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Re: LTE 2.0

Post by CameronBornAndBred » August 26th, 2010, 9:41 am

Lavabe wrote:Today I tried a pear apple ... which is really a pear. :-?

If I wanted a pear, I'd have eaten a pear, probably a Bartlet. Why do they think that pear apples are any better than a pear? /:)
If it is really a pear, then it should be called an apple pear, letting the apple part being the descriptive for the fact that it's still a pear. Harris Teeter had pears on sale this morning, I passed them by. I don't like pears. (Unless they're in a can...don't know why.)
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Re: LTE 2.0

Post by DukieInKansas » August 26th, 2010, 9:48 am

Lavabe wrote:Today I tried a pear apple ... which is really a pear. :-?

If I wanted a pear, I'd have eaten a pear, probably a Bartlet. Why do they think that pear apples are any better than a pear? /:)
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