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re: Bama still playing Miller is because he hasn't been charged w/a crime
Posted on 3/21/23 at 1:07 pm to Off McVoy
Posted on 3/21/23 at 1:07 pm to Off McVoy
quote:
Let's be honest here. Most of us want him to sit because we hate Bama. If he were our team, we'd want him playing. Some will lie and say that's not true, but most of them will be lying.
You're right, but there aren't many honest people on here.
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Posted on 3/21/23 at 1:07 pm to bamameister
quote:
You just answered your own dilemma. Lots of folks get charged. Just go down to your local police station and file.
Covicting is a different matter. You had better have the legal facts. Otherwise, you could end up like the foolish DA that was disbarred because he rushed to judgement with the Duke players.
He wasn't disbarred for rushing to judgment. He was disbarred for a host of ethics violations, including withholding exculpatory DNA evidence from the defense. That's a far cry from indicting someone like Miller based on the evidence the DA has in this case.
Posted on 3/21/23 at 1:08 pm to TideCPA
quote:
and based the latest available information may not actually be the slam-dunk people originally thought it would be.
This might come as a shock to you, but no Bama sportswriters will be testifying. And it’s still pretty close to a slam dunk.
Posted on 3/21/23 at 1:09 pm to JetDawg
Man you really stumbled onto something there
Posted on 3/21/23 at 1:16 pm to Imber
Posted on 3/21/23 at 1:19 pm to bamameister
Why did you link something that doesn’t support your point?
Posted on 3/21/23 at 1:20 pm to the808bass
quote:Will the boyfriend and father of the deceased's child be testifying? Because prosecutors seem to be unable to even locate him to issue a subpoena. Seems odd for someone who is supposedly a clear victim.
This might come as a shock to you, but no Bama sportswriters will be testifying.
Posted on 3/21/23 at 1:22 pm to TideCPA
quote:
Will the boyfriend and father of the deceased's child be testifying? Because prosecutors seem to be unable to even locate him to issue a subpoena. Seems odd for someone who is supposedly a clear victim.
He likely will be called. What do you think he’s going to add?
Posted on 3/21/23 at 1:26 pm to JetDawg
I’m not sure why the felony murder rule has not been discussed. Put simply, the felony murder rule states that if a death occurs during the commission of any felony, the death can be charged as murder for all participants in the felony, despite the fact that the participants may have had no role in the actual killing or may not have intended or anticipated that a death would occur. As far as I know, all states have adopted some version of the felony murder rule from the model penal code. I don’t know if all facts have been revealed but it seems the felony murder rule applies in this case.
Posted on 3/21/23 at 1:27 pm to Schooter
quote:
I’m not sure why the felony murder rule has not been discussed
probably because it has been discussed, ad nauseum.
This post was edited on 3/21/23 at 1:30 pm
Posted on 3/21/23 at 1:29 pm to the808bass
quote:
He likely will be called. What do you think he’s going to add?
Legal intent and motive.
Posted on 3/21/23 at 1:31 pm to Schooter
quote:
I’m not sure why the felony murder rule has not been discussed. Put simply, the felony murder rule states that if a death occurs during the commission of any felony, the death can be charged as murder for all participants in the felony, despite the fact that the participants may have had no role in the actual killing or may not have intended or anticipated that a death would occur. As far as I know, all states have adopted some version of the felony murder rule from the model penal code. I don’t know if all facts have been revealed but it seems the felony murder rule applies in this case.
I'm not aware of a felony that was in progress when Miller arrived with the gun. Felony murder applies to situations such as when someone is shot and killed during a robbery. If I'm assisting with the robbery and my partner shoots the victim I can be charged with murder whether I intended it or not.
Posted on 3/21/23 at 1:37 pm to Funky Tide 8
No it really hasn’t. Candidly I’m not sure it applies ( and for Millers sake I hope it doesn’t) but I haven’t seen it mentioned.
Posted on 3/21/23 at 1:38 pm to the808bass
quote:Well, for starters:
He likely will be called. What do you think he’s going to add?
- Why did nobody else in the Jeep testify that Davis acted belligerently?
- What was the conversation you had with Shu'Bonte Greene, a felon with a long rap sheet now in prison for assaulting a police officer, just minutes before the shooting?
- Why did you turn your headlights off at 1:42am once in eyeshot of Davis?
- Why did you u-turn down Grace Street and pull behind Miller's car with your lights off?
- Who fired first?
- If you didn't fire first, how were you in a position to return fire immediately?
- Why have you not cooperated with the investigation to this point, considering the incident resulted in the death of your girlfriend and child's mother?
Posted on 3/21/23 at 1:39 pm to Schooter
quote:What felony was Miller in the process of committing when the shots were fired?
No it really hasn’t. Candidly I’m not sure it applies ( and for Millers sake I hope it doesn’t) but I haven’t seen it mentioned.
Posted on 3/21/23 at 1:42 pm to Schooter
quote:
Schooter
quote:
Member since Feb 2012
483 posts
Post less.
Posted on 3/21/23 at 1:42 pm to Imber
Yes the robbery example is most typical. However, there doesn’t have to necessarily be a felony in progress per se but a felony that is committed that is considered to be committed during a criminal episode. Otherwise the felony murder rule doesn’t have a lot have meaning. It’s part of an inchoate crime liability theory, essentially meaning intent doesn’t matter.
Posted on 3/21/23 at 1:45 pm to cajunbama
Looks like you’re the one who should post less…30,000 plus post of diarrhea.
Posted on 3/21/23 at 1:47 pm to TideCPA
Those are questions. Not facts. Some of those are relevant to the case. Some aren’t.
The only question that’s really interesting there involves the gun for the baby daddy.
The only question that’s really interesting there involves the gun for the baby daddy.
Posted on 3/21/23 at 1:49 pm to TideCPA
It’s not the felony that Miller would be committing that would be applicable for the rule to apply. It’s the fact he was involved in a criminal episode is what is looked at. Again, I really hope it doesn’t end up applying to Miller but it could very well end up applying based on what is known.
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