tag:blogger.com,1999:blog-7191599071198288307.post84663977920723890..comments2024-03-25T18:16:27.930-05:00Comments on My Bossier: The difficult case of Marvin YoungSmarterGeekhttp://www.blogger.com/profile/11769910200366947168noreply@blogger.comBlogger27125tag:blogger.com,1999:blog-7191599071198288307.post-18363976889450510262012-08-17T14:30:19.895-05:002012-08-17T14:30:19.895-05:00I find it interesting that Marvin tipped his hand ...I find it interesting that Marvin tipped his hand to the defendant about the victim not testifing. He should have held on to this information until trial time. The defendant would have pled guilty prior to trial and placed himself at the mercy of the judge instead of wasting the court/juries time in hopes of a better sentence. <br />Sounds fishy. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-5673745612213940882012-08-16T00:36:49.082-05:002012-08-16T00:36:49.082-05:00Sounds like you were the prosecutor.Sounds like you were the prosecutor.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-55920554760121834862012-08-11T18:51:14.644-05:002012-08-11T18:51:14.644-05:00Davis vs Washington defines "non-testimonial&...Davis vs Washington defines "non-testimonial" statements and is basically the exception to Crawford v. Washington. It appears the victims statement to her mother was "non-testimonial" and Crawford v. Washington does not apply. <br />However, assuming I am wrong and Crawford is the applicable case, file Pre-trial motions and get a ruling instead of throwing in the towel and doing Young's attorney's job for him.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-21324788525219053812012-08-11T18:11:55.746-05:002012-08-11T18:11:55.746-05:0010:07,
No the case doesn't end right there. T...10:07,<br />No the case doesn't end right there. There are other things they could have done so that she would have to come into the courtroom annd testify and they didnt do it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-55153809027494279702012-08-11T16:34:02.411-05:002012-08-11T16:34:02.411-05:00But why state the facts that takes all the fun ou...But why state the facts that takes all the fun out of this!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-21339707206634931752012-08-11T10:07:22.440-05:002012-08-11T10:07:22.440-05:00Inquisitor doesn't ask the real question - was...Inquisitor doesn't ask the real question - was victims mom gonna let her testify? Answer - no!!! Case over. Doesnt matter if victims mom, dad, aunt, uncle and cousin will testify. None of them were present when crime committed. Inquisitor slants story to attack DA. Bottom line - victim mom says "my kid not testifying no matter what. It's harmful to her health". Case ends right there. Move on.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-84254172652970556552012-08-10T19:55:15.433-05:002012-08-10T19:55:15.433-05:00Please tell me your news source is not the Inquisi...Please tell me your news source is not the Inquisitor. That guy is a slime ball.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-60156007624380631272012-08-10T11:44:40.709-05:002012-08-10T11:44:40.709-05:00Just saw a copy of the Inquisitor....This changes ...Just saw a copy of the Inquisitor....This changes everything.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-42684633428110383872012-08-10T10:45:40.600-05:002012-08-10T10:45:40.600-05:00Just a little update to this. . . As part of Young...Just a little update to this. . . As part of Young's plea agreement, Judge Robinson has said that he would make sure that the parole board wouldn't revoke his parole. The funny thing is that the parole board is its own entity, and Judge Robinson has no authority over it. The only way that he could "make sure" of this is if he had someone on the parole board that he had contacted to do him a "favor". Why is it that he wants this guy out of jail so bad? He told Young that if the parole board didn't reinstate him, he would have him brought back in court, vacate his sentence, allow him to withdraw his plea, and push for it to go through to trial. This doesn't make any sense to me, and I certainly don't see how going to trial is going to help Young's case with the parole board. They operate off what Judge Robinson is doing, not visa versa.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-29209753253364505112012-08-07T06:44:11.175-05:002012-08-07T06:44:11.175-05:00Read Crawford v Washington which is a US Suoreme c...Read Crawford v Washington which is a US Suoreme court case that addresses these issues. The right to confrontation is absolute in criminal cases and is the law of the land. While it protects citizens, it is one of the most frustrating things that the police, prosecutors, and judges face in domestic violence cases.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-71876540025875034872012-08-06T23:16:24.403-05:002012-08-06T23:16:24.403-05:00All I was doing was asking a question @$$ holeAll I was doing was asking a question @$$ holeAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-58655269312825107732012-08-06T22:26:45.755-05:002012-08-06T22:26:45.755-05:00The State DID FILE CHARGES!!! Victim would have b...The State DID FILE CHARGES!!! Victim would have been harmed more by forced testimony so Marvin - AT THE REQUEST OF THE VICTIM - didn't force the mentally challenged person to testify for fear of greater harm to the victim. For Christ's sake - show some compassion to the victim and get over your hatred of Marvin.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-80314121658529308642012-08-06T21:07:28.071-05:002012-08-06T21:07:28.071-05:00I personally feel he would have been better off di...I personally feel he would have been better off dismissing the case than plea bargaining down to criminal trespass. It just looks bad. At least if you dismissed the case you put it all on the victim refusing to testify. The story says she is mentally handicapped. How handicap is she? I thought the system has a way of protecting people who are unable to defend themselves. I thought the state could file charges on her behalf just like the domestic violence cases.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-83475770110659975212012-08-06T20:35:26.885-05:002012-08-06T20:35:26.885-05:00Blah blah blah. Bottom line - if victim doesn...Blah blah blah. Bottom line - if victim doesn't want to testify because that testimony may cause further harm - as often happens in cases - a DA is forced to either dismiss charges or greatly reduce them. Happens all day, everyday, nationwide and there is nothing corrupt or suspect about it. It is Americas system of justice. If you don't like it, move to Pakistan. I commend the DA in this case for not causing further harm to the victim.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-30484711416471288882012-08-06T15:17:04.918-05:002012-08-06T15:17:04.918-05:00The U.S. Supreme Court found that certain ex parte...The U.S. Supreme Court found that certain ex parte examinations, while admissible under hearsay rules, are the type of testimonial evidence against the accused that the Confrontation Clause is supposed to prevent. The Supreme Court held that the Sixth Amendment bars admission of testimonial statements by a witness who did not appear at trial unless he was unavailable to testify and the defendant had a prior opportunity to cross-examine the witness.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-49459105132298906722012-08-06T12:00:53.195-05:002012-08-06T12:00:53.195-05:00See Federal Rules of Evidence 804.See Federal Rules of Evidence 804.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-44269465527503524062012-08-06T11:27:35.982-05:002012-08-06T11:27:35.982-05:00The Confrontation Clause of the Sixth Amendment to...The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-80406173350812611572012-08-06T07:49:17.343-05:002012-08-06T07:49:17.343-05:00So I read the above mentioned statute. It seems to...So I read the above mentioned statute. It seems to apply to this case...maybe Marvin's current course is the path of least resistance. I guess if he were not so busy getting buddies out of DWI's as reported by the Inquisitor, he would have more time to do his real job. I can't think of many more cases at this time that would have more importance, considering that a piece of garbage like this is very likely to repeat similar acts.<br /><br />LA Code Ev 804 What's This?<br />Art. 804. Hearsay exceptions; declarant unavailable<br />A. Definition of unavailability. Except as otherwise provided by this Code, a declarant is "unavailable as a witness" when the declarant cannot or will not appear in court and testify to the substance of his statement made outside of court. This includes situations in which the declarant:<br />(1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of his statement;<br />(2) Persists in refusing to testify concerning the subject matter of his statement despite an order of the court to do so;<br />(3) Testifies to a lack of memory of the subject matter of his statement;<br />(4) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness, infirmity, or other sufficient cause; or<br />(5) Is absent from the hearing and the proponent of his statement has been unable to procure his attendance by process or other reasonable means. A declarant is not unavailable as a witness if his exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrong-doing of the proponent of his statement for the purpose of preventing the witness from attending or testifying.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-19582705545522691962012-08-05T16:54:57.019-05:002012-08-05T16:54:57.019-05:00What is the chance anybody could have made a decis...What is the chance anybody could have made a decision that would have been Any better than the one the da made, based on the information he had . Law allowing . Who would want his job with everyone second guessing Every decision he makes. Armchair quarterbacks what a easy job.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-30334705572370431072012-08-05T16:24:58.496-05:002012-08-05T16:24:58.496-05:00Wasn't answering question raised by 6:38. It ...Wasn't answering question raised by 6:38. It was a response to the original post and having a victim that refuses to testifyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-82367023501320960342012-08-05T11:45:41.521-05:002012-08-05T11:45:41.521-05:00That person had asked how you get trespassing ( a ...That person had asked how you get trespassing ( a property crime) out of a rape. It looks like an attorney answered by giving a Code of Evidence to look up. I did, it has to do with a person refusing to testify. It appears to me that the person's question hasnt been addressed. How do you get a property crime plea from a serious felony charge. The wife plead to Conspiring to commit a person, sex crime. How can she plea to a crime that apparently didnt happen according to the DA. The husband who had sex gets a property crime that didnt occur. This time can we have an attorney who doesnt work for the DA to give us some input.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-3497793208864307322012-08-03T20:44:18.686-05:002012-08-03T20:44:18.686-05:00La. Code of Evidence 804A(2)La. Code of Evidence 804A(2)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-60156210626030437572012-08-03T18:38:25.735-05:002012-08-03T18:38:25.735-05:00Can some of you legal experts out there explain to...Can some of you legal experts out there explain to me how having sex with a mentally retarded girl in your own home could ever result in trespassing. Is this some type of sick joke. I understand pleaing it down, but trespassing. This is an insult to any female victim of crime.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-59064667453269268092012-08-03T15:27:41.970-05:002012-08-03T15:27:41.970-05:00"Difficult," indeed, Jim.
This guy migh..."Difficult," indeed, Jim.<br /><br />This guy might be "free" from the gray bar hotel...but, I pray that he always looks over his shoulder, sleeps with one eye open, and that the pub on this will keep him from doing it again.<br /><br />I'll probably be 0 for 3 on that. Perverts don't stop until they go to hell (whether vertical, or toes up). "Difficult case," and "sad" as all get-out. <br /><br />As you know, I have some mentally/emotionally challenged kinfolks that are very close to me. I really couldn't imagine being in a spot like this...I mean, forcing him to a witness stand, knowing that a meltdown was 99.44% guaranteed.<br /><br />Sucks...Andyhttps://www.blogger.com/profile/10945901944078164054noreply@blogger.comtag:blogger.com,1999:blog-7191599071198288307.post-36497373388038233222012-08-03T13:52:49.903-05:002012-08-03T13:52:49.903-05:00Thanks for following up on this. . I'm glad to...Thanks for following up on this. . I'm glad to see the other side of this story.August 1, 2012 7:56 PMnoreply@blogger.com