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Author Topic: NoPa  (Read 809 times)
thehawk
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« Reply #15 on: January 24, 2012, 05:25:49 PM »

With Joe dying, does this mean his previous testimony is thrown out? If so, would imagine the previous AD, president and police would just say that Joe never told them anything and walk?

As we've said in the SBox, his grand jury testimony is out (it was out anyway, since there was no cross), but this makes McQueary the principal witness.

I'll hang up and wait to hear from a real lawyer.

You should keep waiting, but I think that JoPa's testimony could be use to impeach a parties testimony.  So it cant be used as evidence that he told the President or AD in and of itself, but it could be brought in if either the President or AD claimed that JoPa never told them.
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Gilgamesh
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« Reply #16 on: January 24, 2012, 06:21:55 PM »

With Joe dying, does this mean his previous testimony is thrown out? If so, would imagine the previous AD, president and police would just say that Joe never told them anything and walk?

As we've said in the SBox, his grand jury testimony is out (it was out anyway, since there was no cross), but this makes McQueary the principal witness.

I'll hang up and wait to hear from a real lawyer.

You should keep waiting, but I think that JoPa's testimony could be use to impeach a parties testimony.  So it cant be used as evidence that he told the President or AD in and of itself, but it could be brought in if either the President or AD claimed that JoPa never told them.

The more I read and think about rule 804, I'm sure the State could make an argument to the judge that Paterno's testimony was against his interest and therefore, should be admissible.  Plus, the catchall of rule 807 could save the State, provided they have no other means to prove the facts against the AD and President.

Edit: PA doesn't have the residual exception.
« Last Edit: January 24, 2012, 06:26:36 PM by Gilgamesh » Logged

This is so bad, I'd root for the Orioles over this fucking team, but I can't. Because they're a fucking drug and you can't kick it and they'll never win anything and they'll always suck, but it'll always be sunny at Wrigley and there will be tits and ivy and an old scoreboard and fucking Chads.
Bort
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« Reply #17 on: January 24, 2012, 09:58:02 PM »

With Joe dying, does this mean his previous testimony is thrown out? If so, would imagine the previous AD, president and police would just say that Joe never told them anything and walk?

As we've said in the SBox, his grand jury testimony is out (it was out anyway, since there was no cross), but this makes McQueary the principal witness.

I'll hang up and wait to hear from a real lawyer.

You should keep waiting, but I think that JoPa's testimony could be use to impeach a parties testimony.  So it cant be used as evidence that he told the President or AD in and of itself, but it could be brought in if either the President or AD claimed that JoPa never told them.

The more I read and think about rule 804, I'm sure the State could make an argument to the judge that Paterno's testimony was against his interest and therefore, should be admissible.  Plus, the catchall of rule 807 could save the State, provided they have no other means to prove the facts against the AD and President.

Edit: PA doesn't have the residual exception.

Quiet Gil. The lawyers are talking.
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"...by the time he stepped to the plate, he was more than 60% of the way toward being on first base already.

That is absolutely staggering."
BH
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« Reply #18 on: January 26, 2012, 03:06:32 PM »

http://www.theonion.com/articles/jerry-sandusky-ill-never-forget-all-the-things-joe,27169/
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Tonker
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« Reply #19 on: January 26, 2012, 03:17:36 PM »


That is absolutely outfuckingstanding.
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Your toilet's broken, Dave, but I fixed it.
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