The Official 2026 BYU Football Thread

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Shaka
    Senior Member
    • Dec 2008
    • 10437

    #196
    Originally posted by MartyFunkhouser View Post

    Why do you think it is near zero?

    Judge Winward basically said to them, I'm dismissing the case on my own motion because I can. I'm doing this because when the prosecution files, they should be ready to take the case to trial. This is especially when there was an underlying year long investigation. They had to know that Kingston might push for his right to a speedy trial. They should have let the alleged victim know that she needed to be ready to testify within months of the filing.
    I'm going on the opinion of a trial lawyer buddy who is following the case. He agrees with the judge but also thinks there are enough problems with the alleged victim's potential testimony that she doesn't want to testify. Refiling would also trigger a hearing on whether the accused's right to a speedy trial had been violated. He thinks that unless a major piece of evidence pops up, this one is toast.

    Comment

    • MartyFunkhouser
      Disciple of RNGesus
      • Nov 2008
      • 18713

      #197
      Originally posted by Shaka View Post

      I'm going on the opinion of a trial lawyer buddy who is following the case.
      That is a good opinion to go on.
      As I lead this army, make room for mistakes and depression
      --Kendrick Lamar

      Comment

      • Copelius
        Maker of eyeballs
        • Dec 2012
        • 4024

        #198
        I defended a case similar to this some years back. To the Utah County Attorney's office's credit, they dismissed on their own when they started to have issues with the alleged victim, rather than drag the case out. Similar to Judge Wiinward, I have a hard time with prosecutors who are not ready to go to trial really soon after filing. It was a rude awakening for me switching from prosecutor in Alaska to defense attorney in Utah early in my career. Up north we had 120 days to get a case to trial, and we actually had some cases get dismissed on us. Down here, speedy trial is more of a guideline and this is the first time that I have seen a judge hold a prosecutor's feet to the fire on speedy trial rights.
        “Every player dreams of being a Yankee, and if they don’t it’s because they never got the chance.” Aroldis Chapman

        Comment

        • Moliere
          One man.....one pie
          • Oct 2009
          • 27792

          #199
          My hope is the whole thing gets completely dropped and he ends up at USU.
          "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

          Comment

          • MartyFunkhouser
            Disciple of RNGesus
            • Nov 2008
            • 18713

            #200
            Originally posted by Copelius View Post
            I defended a case similar to this some years back. To the Utah County Attorney's office's credit, they dismissed on their own when they started to have issues with the alleged victim, rather than drag the case out. Similar to Judge Wiinward, I have a hard time with prosecutors who are not ready to go to trial really soon after filing. It was a rude awakening for me switching from prosecutor in Alaska to defense attorney in Utah early in my career. Up north we had 120 days to get a case to trial, and we actually had some cases get dismissed on us. Down here, speedy trial is more of a guideline and this is the first time that I have seen a judge hold a prosecutor's feet to the fire on speedy trial rights.
            My experiences with Judge Winward have all been good. I think he did the right thing holding their feet to the fire. It is one thing when the defendant needs more time. It is another when the prosecutor is claiming to need more time. They should be ready to go when they file.
            As I lead this army, make room for mistakes and depression
            --Kendrick Lamar

            Comment

            • Copelius
              Maker of eyeballs
              • Dec 2012
              • 4024

              #201
              Originally posted by MartyFunkhouser View Post

              My experiences with Judge Winward have all been good. I think he did the right thing holding their feet to the fire. It is one thing when the defendant needs more time. It is another when the prosecutor is claiming to need more time. They should be ready to go when they file.
              100% agree. To the point that I would mirror AK's Crim Rule 45 implementing the 120 day speedy trial rights. I would even be good with WY's 180 day rule.
              “Every player dreams of being a Yankee, and if they don’t it’s because they never got the chance.” Aroldis Chapman

              Comment

              • All-American
                Right, as Usual
                • Nov 2008
                • 15638

                #202
                I did some work with the prosecutor's office in Cook County, Illinois. The right to a speedy trial was a joke there. Defendants were held in lockup for years until they pled guilty and were released for time already served.

                Sometimes Defendants would threaten to invoke the right to a speedy trial. The trial court would tell them if they did that, the trial would be held that afternoon, so they had better be ready for it. Of course, the defendant would then back down. Neither the prosecutor nor the public defender would speak up, because they knew the judge was just bluffing and that this was just how the game was played-- and because they know that if defendants started asserting their right to speedy trials on a broad level, the criminal justice system in Chicago would collapse.
                τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

                Comment

                • frank ryan
                  Senior Member
                  • Nov 2008
                  • 12264

                  #203
                  Originally posted by All-American View Post
                  I did some work with the prosecutor's office in Cook County, Illinois. The right to a speedy trial was a joke there. Defendants were held in lockup for years until they pled guilty and were released for time already served.

                  Sometimes Defendants would threaten to invoke the right to a speedy trial. The trial court would tell them if they did that, the trial would be held that afternoon, so they had better be ready for it. Of course, the defendant would then back down. Neither the prosecutor nor the public defender would speak up, because they knew the judge was just bluffing and that this was just how the game was played-- and because they know that if defendants started asserting their right to speedy trials on a broad level, the criminal justice system in Chicago would collapse.
                  What would happen if multiple defendants invoked that right all at once? In an organized manner?

                  Comment

                  • All-American
                    Right, as Usual
                    • Nov 2008
                    • 15638

                    #204
                    Originally posted by frank ryan View Post

                    What would happen if multiple defendants invoked that right all at once? In an organized manner?
                    The entire criminal judicial system in cook county would collapse.

                    And you better believe everybody associated with the system knows it.
                    τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

                    Comment

                    • dabrockster
                      Senior Member
                      • Aug 2009
                      • 10869

                      #205
                      I know there is a group that does a Fantasy Football league. I came across this as the loser for his FFL. Figured it may be something the group would want to incorporate.

                      𝗧𝗥𝗘𝗡𝗗𝗜𝗡𝗚: A guy has gone viral for being forced to play a full round of golf without a ball with complete strangers as punishment for losing his fantasy football league. One of the greatest punishments we've ever seen. 😭😭😭

                      Comment

                      • Donuthole
                        Official Outgayer
                        • Nov 2008
                        • 25230

                        #206
                        Dad, brock is drunk posting again.
                        Prepare to put mustard on those words, for you will soon be consuming them, along with this slice of humble pie that comes direct from the oven of shame set at gas mark “egg on your face”! -- Moss

                        There's three rules that I live by: never get less than twelve hours sleep; never play cards with a guy who's got the same first name as a city; and never go near a lady's got a tattoo of a dagger on her body. Now you stick to that, everything else is cream cheese. --Coach Finstock

                        Comment

                        • dabrockster
                          Senior Member
                          • Aug 2009
                          • 10869

                          #207
                          Dhole.. if you followed me any closer your nose would be up my ass crack.

                          Comment

                          • Green Monstah
                            Royal Rooter
                            • Aug 2010
                            • 13895

                            #208
                            So close he could see the tattoo??
                            Jesus wants me for a sunbeam.

                            "Cog dis is a bitch." -James Patterson

                            Comment

                            • Northwestcoug
                              Cocked and Loaded
                              • May 2011
                              • 17917

                              #209
                              Originally posted by Green Monstah View Post
                              So close he could see the tattoo??
                              "...you pointy-headed autopsy nerd. Do you think it's possible for you to post without using words like "hilarious," "absurd," "canard," and "truther"? Your bare assertions do not make it so. Maybe your reasoning is too stunted and your vocabulary is too limited to go without these epithets."
                              "You are an intemperate, unscientific poster who makes light of very serious matters.”
                              - SeattleUte

                              Comment

                              • dabrockster
                                Senior Member
                                • Aug 2009
                                • 10869

                                #210
                                Originally posted by Green Monstah View Post
                                So close he could see the tattoo??
                                Ha. It’s been what. Over 10-years from that infamous post..

                                Comment

                                Working...