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Ed Christian and Ladarius Phillips allegedly shot & killed

chinook

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #500 on: June 13, 2012, 10:48:32 AM »
it's like everyone on this board is a lawyer. 
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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #501 on: June 13, 2012, 10:50:53 AM »
it's like everyone on this board is a lawyer.

I'm just a lowly engineer.  Wake me up when ya'll want to know how many amps to use or how far to drop and how thick the rope.
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You meet a man on the Oregon Trail. He tells you his name is Terry. You laugh and tell him: "That's a girl's name!" Terry shoots you. You have died of dissin' Terry.

CCTAU

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #502 on: June 13, 2012, 10:51:49 AM »
Big fucking deal legal genius.  She can ask for anything, there's no cause to have this venue changed.

Really? No cause? Ha! You wish. You can honestly say that the jury pool is not tainted in Lee county on this one incident? Because it would not take a whole lot for this to be retried later because of this exact issue. It has happened many times before. It will happen again.

I would love to see him get his. But the law does allow for this very situation. It is to avoid a lynch mob mentality. And you would have to reach deep into Lee county's back woods to find someone who did not want this guy lynched. OR at least find some resident bammers.
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Five statements of WISDOM
1. You cannot legislate the poor into prosperity, by legislating the wealth out of prosperity.
2. What one person receives without working for, another person must work for without receiving.
3. The government cannot give to anybody anything that the government does not first take from somebody else.
4. You cannot multiply wealth by dividing it.
5. When half of the people get the idea that they do not have to work because the other half is going to take care of them, and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for, that my dear friends, is the beginning of the end of any nation.

JR4AU

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #503 on: June 13, 2012, 10:54:55 AM »
Really? No cause? Ha! You wish. You can honestly say that the jury pool is not tainted in Lee county on this one incident? Because it would not take a whole lot for this to be retried later because of this exact issue. It has happened many times before. It will happen again.

I would love to see him get his. But the law does allow for this very situation. It is to avoid a lynch mob mentality. And you would have to reach deep into Lee county's back woods to find someone who did not want this guy lynched. OR at least find some resident bammers.

You watch too much TV, and listen to too many people like yourself grouse about lawyers and law out of sheer ignorance. 
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Snaggletiger

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #504 on: June 13, 2012, 10:57:21 AM »
it's like everyone on this board is a lawyer.

So this lawyer is on a plane and finds himself seated between two doctors.  The exchanges between them are less than cordial.  At one point, one of the doctors says, "I need a beer".  The other doctor chimes in, "Yeah, me too".  The lawyer decides to make nice and says, "Hold on guys, keep your seats.  I'll go grab those beers." 

While he's gone, the doctors notice he took his shoes off, so they get the idea of harking up a couple of loogs and spitting them in his shoes.  The lawyer returns with their beers and things go smoothly for the rest of the flight....until he puts his shoes on.  He turns to the doctors and says,

"Look, I know our two professions have never gotten along.  Isn't it time we stop all the petty jokes, the spitting in shoes, the pissing in beers....." 
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My doctor told me I needed to stop masturbating.  I asked him why, and he said, "because I'm trying to examine you."

Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #505 on: June 13, 2012, 10:59:13 AM »
Also, don't know if they had the Benjamins to hire Susan for anything more than negotiating the peaceful surrender.  If they did, he's got somebody backing him with a load of cash.  Can't see her taking this case without $50K in cash up front.  And it wouldn't shock me if it took 6 figures.

I'm scared to know who would be backing him.  Maybe he's involved in the drug business?
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The Guy That Knows Nothing of Hyperbole

djsimp

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #506 on: June 13, 2012, 11:02:45 AM »
I'm just a lowly engineer.  Wake me up when ya'll want to know how many amps to use or how far to drop and how thick the rope.

We can get a steel structure built for this done quickly.
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JR4AU

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #507 on: June 13, 2012, 11:08:52 AM »
I'm scared to know who would be backing him.  Maybe he's involved in the drug business?

I'm just saying, she won't come cheap.  And as I said, I don't know if she's been retained beyond negotiating the surrender, which she did quite well.  Hell, Woosie might have a rich Auntee. 
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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #508 on: June 13, 2012, 11:10:50 AM »
I'm just saying, she won't come cheap.  And as I said, I don't know if she's been retained beyond negotiating the surrender, which she did quite well.  Hell, Woosie might have a rich Auntee.
Named Peaches.
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"That's what." -She

Snaggletiger

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #509 on: June 13, 2012, 11:19:55 AM »
Named Peaches.

Lives with Uncle Herb
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My doctor told me I needed to stop masturbating.  I asked him why, and he said, "because I'm trying to examine you."

GH2001

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #510 on: June 13, 2012, 11:20:36 AM »
it's like everyone on this board is a lawyer.

I can only go on what I know, and it's also why I am asking weskie and JR questions. They are the experts.
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WDE

JR4AU

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #511 on: June 13, 2012, 11:26:54 AM »
I can only go on what I know, and it's also why I am asking weskie and JR questions. They are the experts.

And your concern about there being a viable defense in this case is well founded. 
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GH2001

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #512 on: June 13, 2012, 11:28:21 AM »
Really? No cause? Ha! You wish. You can honestly say that the jury pool is not tainted in Lee county on this one incident? Because it would not take a whole lot for this to be retried later because of this exact issue. It has happened many times before. It will happen again.

I would love to see him get his. But the law does allow for this very situation. It is to avoid a lynch mob mentality. And you would have to reach deep into Lee county's back woods to find someone who did not want this guy lynched. OR at least find some resident bammers.

This is why Juror selection is an extremely complex process. Especially on a murder trial. Each side gets throw aways/strikes and they come to middle ground in front of the judge eventually on the dirty dozen. On the one I sat on last June, juror selection took half a day and it wasn't even capital murder. I didn't realize how complex of a thing it was until I went through it personally. JR is right, TV is much different than real life.
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WDE

Kaos

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #513 on: June 13, 2012, 11:31:53 AM »
Thank God Woodbery will be there giving us multiple updates every single day of the trial. 

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If you want free cheese, look in a mousetrap.

JR4AU

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #514 on: June 13, 2012, 11:36:47 AM »
This is why Juror selection is an extremely complex process. Especially on a murder trial. Each side gets throw aways/strikes and they come to middle ground in front of the judge eventually on the dirty dozen. On the one I sat on last June, juror selection took half a day and it wasn't even capital murder. I didn't realize how complex of a thing it was until I went through it personally. JR is right, TV is much different than real life.

First, it's the trial judge's discretion when ruling on CoV.  Only clear abuse of that discretion will cause it to be overturned.  That's a huge hurdle to overcome.  Second, the Def. must show actual prejudice against him, or that the community was saturated with pre-trial publicity.  Also, the length of time between the publicity and the trial are considered.  The coverage now will be scaled back, and largely just report on the progress of the case through the system. Jurors can even have preconceived notions about his guilt, but if they can tell the court under oath that they can put aside their prejudice, listen to the evidence, and make a ruling based on that and the law, then you can seat an impartial jury.

Fact is, contrary to what CCT believes, changes of venue are rare, and being overturned on appeal for failure to grant one is even more rare.  One problem is, CCT believes that everybody thinks like him, or they're a crack head, and so, since he can't put aside his preconceived notions, he thinks nobody else can either.  There's lots of rational, thinking, intelligent people out there willing to hear the facts, and law, and make a decision based on that.   
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JR4AU

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #515 on: June 13, 2012, 11:37:41 AM »
Thank God Woodbery will be there giving us multiple updates every single day of the trial.

That's only if he can find that "nugget" that makes Auburn look bad like Finebaum keeps suggesting.
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wesfau2

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #516 on: June 13, 2012, 11:37:47 AM »
To those discussing it: there's no "premeditation" in Alabama law.

I certainly defer to the expert.  Law school was a long time ago, but I still remember Bob Goodwin drilling into our heads: "murder is the unlawful taking of another's life with malice aforethought." 

Of course he was the same guy that managed to work a joint into every hypo.  Discussing B&E?  Here's your hypo: Let's suppose you're at home smoking a marijuana cigarette and you walk outside to get some air.  You see your neighbor's window slightly ajar...

Or how about an assault discussion?  Let's say you're at home smoking a marijuana cigarette and you get into an argument with your neighbor about the football game on television.

Never had anything to do with the hypo...he just loved talking about the weed.
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You can keep a wooden stake in your trunk
On the off-chance that the fairy tales ain't bunk
And Imma keep a bottle of that funk
To get motel parking lot, balcony crunk.

CCTAU

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #517 on: June 13, 2012, 11:45:12 AM »
First, it's the trial judge's discretion when ruling on CoV.  Only clear abuse of that discretion will cause it to be overturned.  That's a huge hurdle to overcome.  Second, the Def. must show actual prejudice against him, or that the community was saturated with pre-trial publicity.  Also, the length of time between the publicity and the trial are considered.  The coverage now will be scaled back, and largely just report on the progress of the case through the system. Jurors can even have preconceived notions about his guilt, but if they can tell the court under oath that they can put aside their prejudice, listen to the evidence, and make a ruling based on that and the law, then you can seat an impartial jury.

Fact is, contrary to what CCT believes, changes of venue are rare, and being overturned on appeal for failure to grant one is even more rare.  One problem is, CCT believes that everybody thinks like him, or they're a crack head, and so, since he can't put aside his preconceived notions, he thinks nobody else can either.  There's lots of rational, thinking, intelligent people out there willing to hear the facts, and law, and make a decision based on that.

All I know is there is a guy in SC sitting in prison for life after being sentenced to death in one county. Then the trial was retried in another county due to the original venue being determined that the jury pool was tainted in that county. This guy raped and killed a teenaged girl. Yet, he got a new trial because the county he did it in was like Lee county and AU, not enough jurors that had an open mind.

See. This case was not on TV. It was one them real life things that us ignorant unwashed non-cocksucking types notice.  So take your Law and Order hatred and shove it up your ass.

Now you know why folks have contempt for know it all lawyers like you.

In the end, what I suggested is possible. We'll see. 
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Five statements of WISDOM
1. You cannot legislate the poor into prosperity, by legislating the wealth out of prosperity.
2. What one person receives without working for, another person must work for without receiving.
3. The government cannot give to anybody anything that the government does not first take from somebody else.
4. You cannot multiply wealth by dividing it.
5. When half of the people get the idea that they do not have to work because the other half is going to take care of them, and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for, that my dear friends, is the beginning of the end of any nation.

JR4AU

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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #518 on: June 13, 2012, 11:50:11 AM »
I certainly defer to the expert.  Law school was a long time ago, but I still remember Bob Goodwin drilling into our heads: "murder is the unlawful taking of another's life with malice aforethought." 

Of course he was the same guy that managed to work a joint into every hypo.  Discussing B&E?  Here's your hypo: Let's suppose you're at home smoking a marijuana cigarette and you walk outside to get some air.  You see your neighbor's window slightly ajar...

Or how about an assault discussion?  Let's say you're at home smoking a marijuana cigarette and you get into an argument with your neighbor about the football game on television.

Never had anything to do with the hypo...he just loved talking about the weed.

That's old Common Law, and may be the old statutory law for Murder 1st degree.  And, in reality, Malice aforethought is "intent". 

All that must be proved is "intent" which can be formed in a "flash" or "the blink of an eye".  I forget the exact wording, and can't find the case.  To prove Capital Murder, you must prove the specific intent to kill, and that's different from Recklessness.  That's another issue here.  Yes he fired a gun.  However, he's going to raise self defense.  He can say "I didn't intend to kill, merely to stop the aggression against me, and I certainly didn't mean to kill the other people."  Will it work?  Can't say.  Depends on what witnesses say.  If he had some homies there that have clean records, or even better, witnesses with no bias, that can say Woosie got attacked and he fought back, then he may stand a chance.  I can't see him walking free unless there's strong evidence like that.  Maybe an injury on his head from the bottle.  Unlike in the movies, those things don't break easily on someone's noggin.  Hitting someone in the head with a bottle, in my best legal opinion, certainly elevates the danger enough to respond with deadly force.  If you don't think so, try hitting a cop in the head with a bottle and see if you don't get shot.    The devil is in the details of this case, and they don't even come close to turning on "he brought a gun to a party, he intended to kill someone". 
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Re: Ed Christian and Ladarius Phillips allegedly shot & killed
« Reply #519 on: June 13, 2012, 11:50:57 AM »
I certainly defer to the expert.  Law school was a long time ago, but I still remember Bob Goodwin drilling into our heads: "murder is the unlawful taking of another's life with malice aforethought." 

Of course he was the same guy that managed to work a joint into every hypo.  Discussing B&E?  Here's your hypo: Let's suppose you're at home smoking a marijuana cigarette and you walk outside to get some air.  You see your neighbor's window slightly ajar...

Or how about an assault discussion?  Let's say you're at home smoking a marijuana cigarette and you get into an argument with your neighbor about the football game on television.

Never had anything to do with the hypo...he just loved talking about the weed.

No need to ask who was his favorite student.
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"That's what." -She