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Posted on 12/15/10 at 8:32 pm to Born to be a Tiger
i wouldn't be surprised if UT ends up going down for their recruitment of Nuke.
Posted on 12/15/10 at 8:47 pm to UFownstSECsince1950
quote:
not here in florida. you will be in prison (no jail, no probation, no deferral), even if you're a first time offender. armed robbery is nothing to play with, and that's the way it should be. you don't go around sticking guns in people's faces
Actually, that's not true. It's pretty similar in most states.
I could probably use google to find people charged with the same level of offense that received a deffered sentence or probation in Florida.
I'm actually representing someone on an A Felony case right now where we are moving towards a dismissal without even a preliminary hearing (same thing that happened with JJ). It is due to the facts of the case. The Agg Robbery charges are B Felonies.
There are a few charges (mainly homicide and sexual offenses, but also DUI) that are not defferable in Tennessee, but those are set out by statute. If the prosecutor is not confined by the statute, they can use their discretion, and he or she will. No bodily harm, or even danger of bodily harm... that makes deferral very possible.
Posted on 12/15/10 at 8:52 pm to Born to be a Tiger
quote:
Kiff was about to be taken down by the Jackson's if Janzen was not set free.
This
quote:
the future of UT was about to be taken down by the Jackson's if Janzen was not set free
Not This
I can almost guarantee you that the Knox Co DA's office was not looking to do any favors for Kiffin. There were big differences in the way the case was handled for all 3. JJ got out of jail almost immediately because Don Bosch had enough of a relationship and pull to get him RORed. The others sat in jail for days.
JJ's case was dismissed before the hearing date, the other were left hanging for awhile. Now, I feel like we were in the same boat with JJ and NR. Both were brought in by Kiffin with shady surroundings. You think he'd cover for JJ and let NR hang out there? No way... the difference was that someone in JJ's inner circle could afford Don Bosch.
Posted on 12/15/10 at 8:52 pm to Tennessee Jed
quote:
future first round pick, in my opinion
Every 2012 Mock Draft I've seen has him going in the top 15
yeah the nfl will probably quit doing background checks
Also with Haywood going to Pitt that probably leaves Daddy without a job. LOL
Posted on 12/15/10 at 9:07 pm to CountryVolFan
quote:
CountryVolFan
very interesting stuff. I appreciate the info. wish more tenn fans were like you and crompdaddy
I have a couple questions about what you said.
quote:
No bodily harm, or even danger of bodily harm... that makes deferral very possible.
does the fact that they used a bb gun make this no "danger of bodily harm"?
and wouldn't Florida's 10-20-life have some sort of bearing on sentencing guidelines compared to somewhere like tennessee? I'm not arguing or disagreeing with you (since you know much more than i do), i'm simply asking....only curious. and i realize that the 10-20-life law is not always enforced, but that's why i'm asking.
Posted on 12/15/10 at 9:10 pm to Maximus
quote:
yeah the nfl will probably quit doing background checks
Seriously?
Because they've been really strict about who they let play in the league before.....PacMan Jones, Rae Carruth, Lawrence Taylor, etc, etc
Posted on 12/15/10 at 9:39 pm to CountryVolFan
So you think Kiff promised NR's dad a job on the UTe coaching staff. Anyway, you are probably right just needed some entertainment tonight while out of town working.
Posted on 12/15/10 at 9:42 pm to Born to be a Tiger
quote:
So you think Kiff promised NR's dad a job on the UTe coaching staff. Anyway, you are probably right just needed some entertainment tonight while out of town working.
Nope...
and I don't "think" that's against the rules... How do you think we got Allan Houston?
I think both NR and JJ got greasy Orgeron money.
Posted on 12/15/10 at 10:04 pm to CountryVolFan
quote:
In Tennessee you have committed an offense by being an accessory after the fact.
This is true in most states. But this requires an act done to aid the offender in avoiding arrest, trial, conviction, etc.
In other words, you gotta do something to help the main guy get outta the bad thing that you know he did. Flushing the Heroin down the toilet...check. Hiding the stolen diamonds...check. Driving the getaway car...check. Riding shotgun while eating a sandwich and making jokes....negative.
The hypo was really really easy, fellas.
Posted on 12/15/10 at 10:29 pm to bobbyray21
quote:
In other words, you gotta do something to help the main guy get outta the bad thing that you know he did. Flushing the Heroin down the toilet...check. Hiding the stolen diamonds...check. Driving the getaway car...check. Riding shotgun while eating a sandwich and making jokes....negative.
The hypo was really really easy, fellas.
In you are in the getaway car, they can and have charged people with assisting in the getaway. They will argue to a jury that you planned on sharing in the proceeds.
I guess the disconnect is a law school hypo (your view) and what would actually happen.
Posted on 12/15/10 at 10:30 pm to CountryVolFan
quote:
and I don't "think" that's against the rules
When Nutt was at Arkansas he got Mitch Mustain and a couple of other guys by hiring their high school head coach as OC...Gus Malzahn.
quote:
I think both NR and JJ got greasy Orgeron money.
Not suprising.
This post was edited on 12/15/10 at 10:31 pm
Posted on 12/15/10 at 10:36 pm to UFownstSECsince1950
quote:
does the fact that they used a bb gun make this no "danger of bodily harm"?
That is a judgment call for the DA. They could see it either way.
quote:
and wouldn't Florida's 10-20-life have some sort of bearing on sentencing guidelines compared to somewhere like tennessee?
You'd have to have used a "firearm" or "explosive" under that statute, If I remember correctly. I'm not licensed and have never practiced in Florida, so don't take my word for it.
Posted on 12/15/10 at 10:40 pm to UFownstSECsince1950
quote:
UFownstSECsince1950
frick you.
Janzen was hungry and wanted a cheeseburger. He was having a reaction to the medicinal marijuana he was testing for the UT Medical Group to advance cataract research for the elderly. He was not invited to Bruce's bbq. WTF was he supposed to do?
a-hole. What's next, a hearty guffaw at puppies hit by cars?
Posted on 12/15/10 at 10:42 pm to CountryVolFan
it's supposed to be 10 for brandishing/possessing a firearm while commiting a felony, 20 for firing said firearm while commiting the felony (regardless whether you shoot the roof to get everyone's attention or actually attempt to shoot somebody and miss), and life for actually hitting someone with the bullet (whether it grazes their toenail or kills them). these are supposed to be mandatory, but i know of many cases where these sentencing guidelines were not upheld.....but i still have not heard of someone getting off with only probation for an armed robbery (not saying it doesn't happen)
Posted on 12/15/10 at 10:45 pm to RFM
you're right, he is innocent.
guess i should've listened to bobbyray and vol017
guess i should've listened to bobbyray and vol017
Posted on 12/15/10 at 10:47 pm to UFownstSECsince1950
quote:
it's supposed to be 10 for brandishing/possessing a firearm while commiting a felony, 20 for firing said firearm while commiting the felony (regardless whether you shoot the roof to get everyone's attention or actually attempt to shoot somebody and miss), and life for actually hitting someone with the bullet (whether it grazes their toenail or kills them).
Still the key is the definition of "firearm" under the statute. This site makes it sound like it requires an explosive charge. So the airsoft gun would not qualify.
Posted on 12/15/10 at 10:49 pm to CountryVolFan
ok, appreciate it
i wonder if one of those kids would've had a heart attack but lived, then would that be considered "bodily harm" and grounds for more severe punishment.
i wonder if one of those kids would've had a heart attack but lived, then would that be considered "bodily harm" and grounds for more severe punishment.
This post was edited on 12/15/10 at 10:52 pm
Posted on 12/16/10 at 6:16 pm to CountryVolFan
quote:
In you are in the getaway car, they can and have charged people with assisting in the getaway. They will argue to a jury that you planned on sharing in the proceeds.
I guess the disconnect is a law school hypo (your view) and what would actually happen.
Not sure what law school you went to, but I never had a hypo that easy. And what would "actually happen" under the facts I presented in the hypo is that the defendant would be found innocent after a 90 second jury deliberation.
To the extent you are saying that real life cases don't present facts as straightforward as the facts in my hypo....I agree. Which is why it was a hypo.
Posted on 12/16/10 at 6:22 pm to bobbyray21
quote:
bobbyray21
are you still claiming JJ's innocence? or lack of guilt?
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