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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 1:54 pm to
Posted by JCinBAMA
North of Huntsville
Member since Oct 2009
17585 posts
Posted on 3/21/23 at 1:54 pm to
Posted by TideCPA
Member since Jan 2012
10354 posts
Posted on 3/21/23 at 1:55 pm to
quote:

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.

Yeah, ascertaining why our innocent victim was circling the block and pulling up behind Miller with his headlights off and gun at the ready at 1:42am is clearly unimportant.
Posted by PeleofAnalytics
Member since Jun 2021
2749 posts
Posted on 3/21/23 at 1:59 pm to
quote:

People have been charged for much less, but those people aren't the star basketball player at the University of Alabama. Whether they have enough to convict him is another matter.


I doubt many of those cases have almost every single moment of the crime (and everything leading up to it) on surveillance video and immediate and full access to the electronic correspondence between the people of interest.

The cops had almost every piece of relevant evidence from the get go, which is rarely the case. Had Miller's lawyer (or any competent lawyer) handed over the phone records and was aware that the investigators immediately had the surveillance video of the entire incident (from multiple cameras) and the cops STILL charged him without a lick of proof he committed a crime, the lawyer would have a fricking field day.
Posted by PeleofAnalytics
Member since Jun 2021
2749 posts
Posted on 3/21/23 at 2:12 pm to
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,

FFS, you can't even get through the first requirement. Miller was never committing a felony to begin with. You can't take the felony committed by someone else and retroactively attach it to Miller so that he can now be considered an individual in the commission of a felony so he is part of causing the felony that you want him to originally be in commission of????

It's a big retarded circle.
Posted by narddogg81
Vancouver
Member since Jan 2012
19691 posts
Posted on 3/21/23 at 2:17 pm to
quote:

even though he's the one who brought the actual murderer the gun
not true, he brought miles the gun (legally owned and carried) that miles had left in his car when miller dropped them off because the club didnt allow weapons, and bringing the gun was incidental to having prearranged to pick miles back up. The gun was with miles stuff he left in the car, so unless miller took the gun out and left it at the restaurant he was at, there was not a way to pick up miles without also bringing the gun. Miles gave davis the gun, and davis is the one that shot. And its not even clear if it wasnt the boyfriend johnson who started the shooting. im sure that will all come out in the trial, which i hope is televised
This post was edited on 3/21/23 at 2:19 pm
Posted by Schooter
Ft. Myers, FL
Member since Feb 2012
515 posts
Posted on 3/21/23 at 2:42 pm to
“During the commission of any felony” has a much broader interpretation than what you probably think. One can be involved before, during, and/or after a criminal episode and be ensnared by the felony murder rule. The whole concept and rationale for the rule is for deterring people from putting themselves in these situations and therefore hopefully reducing criminal activity. Granted, no one sits down and reads all of the rules but developing enough of a common knowledge that you can be trapped in a situation like this is the objective of the rule to help prevent/reduce senseless crime. Put another way, if Miller doesn’t bring the weapon to the scene none of us is having any of this conversation.
Posted by RollTide1987
Augusta, GA
Member since Nov 2009
65056 posts
Posted on 3/21/23 at 2:55 pm to
quote:

One event happened out of state, and one event happened in Tuscaloosa...guess which one got swept under the rug?


I mean...in the case of the Mitchell incident in Florida, it's difficult to sweep a car chase under the rug - especially when said car chase is above 140 MPH.
Posted by TideCPA
Member since Jan 2012
10354 posts
Posted on 3/21/23 at 2:59 pm to
quote:

Put another way, if Miller doesn’t bring the weapon to the scene none of us is having any of this conversation.
That's not a crime. He was picking his teammate up. That sentence is meaningless.

Put another way, if LSU's basketball team wasn't godawful, they might have won that game, Alabama players wouldn't be out late at night celebrating, and Jamea Harris would still be alive.
Posted by LSUgrad88
Member since Jun 2009
6767 posts
Posted on 3/21/23 at 3:15 pm to
quote:

Early on, I thought it would be wise for Oates to suspend Miller until everything was cleared up. I still do, but he doesn't have to.


Early on, if the administration at Alabama thought Miller had nothing wrong they would have been forthcoming with his involvement in the situation, rather than hoping they could get through basketball season without it coming out. It was handled horribly by the Athletic Department from the start and then botched further with a series of public embarrassments (Oats poor word choices, Miller's pat-down pre-game introduction, etc.). Really not arguable.
Posted by Schooter
Ft. Myers, FL
Member since Feb 2012
515 posts
Posted on 3/21/23 at 3:25 pm to
Come on man, take off your crimson glasses for a second.

Your garbage attempt at an analogy is unwarranted. It’s completely irrelevant what “team” is involved or conference for that matter.

I hate the fact this kid is involved in this but he made a piss poor choice. And the felony murder rule was designed for this purpose among many others.

So tell me, you would have just brought the “piece” too, no questions asked?
This post was edited on 3/21/23 at 3:32 pm
Posted by labamafan
Prairieville
Member since Jan 2007
24264 posts
Posted on 3/21/23 at 3:29 pm to
Holy crap someone with common sense. Thank you for not being in the 98% of retards on this board.
Posted by Gideon Swashbuckler
Member since Sep 2019
5784 posts
Posted on 3/21/23 at 3:32 pm to
It's amazing to me that BAMA, who we all agree isn't a basketball school, would cover up a major crime for a basketball player when basketball is merely an afterthought at the University.

All of the sudden, a basketball player, for a crime committed in mid-January before anyone knew how good BAMA really was, is being protected by law enforcement and the DA in Tuscaloosa as part of some grand conspiracy?

Sounds legit.
This post was edited on 3/21/23 at 3:40 pm
Posted by texag7
College Station
Member since Apr 2014
37519 posts
Posted on 3/21/23 at 3:34 pm to
Really crazy how the board internet lawyers here were wrong
Posted by SidewalkTiger
Midwest, USA
Member since Dec 2019
52493 posts
Posted on 3/21/23 at 3:38 pm to
quote:

FFS, you can't even get through the first requirement. Miller was never committing a felony to begin with. You can't take the felony committed by someone else and retroactively attach it to Miller so that he can now be considered an individual in the commission of a felony so he is part of causing the felony that you want him to originally be in commission of????


There's legal precedent for it.


Posted by Gideon Swashbuckler
Member since Sep 2019
5784 posts
Posted on 3/21/23 at 3:41 pm to
quote:

There's legal precedent for it.


Can you cite the case in which this precedent was set?
Posted by PeleofAnalytics
Member since Jun 2021
2749 posts
Posted on 3/21/23 at 3:43 pm to
quote:

“During the commission of any felony” has a much broader interpretation than what you probably think. One can be involved before, during, and/or after a criminal episode and be ensnared by the felony murder rule.

You can't use the felony (the murder) to attach to Miller as the felony he was in the commission of as the basis for him causing that felony murder to occur. The only felony that occurred is related to the killing.

You can try and broaden it all you want but most prosecutors and juries can recognize a circular reference when they see one.

quote:

Put another way, if Miller doesn’t bring the weapon to the scene none of us is having any of this conversation.

Nothing illegal about that. If someone grabs the tire iron out of the trunk of your car and beats someone to death, does that mean you are guilty of something? By your logic, you brought the murder weapon to the scene of a murder and that murder wouldn't have occurred if it were not for you. Most sane people see that as a crappy situation for you but you sure as shite did not do anything wrong and are not responsible for the murder.

And I hate to break it to you but there is no proof that Miller responded to or even read the text from Miles about the gun. If there was any proof on his phone (which the investigators had from the start) that he knew he was bringing the gun to the scene of a hostile and potentially deadly situation, Miller would be in major trouble.
Posted by PeleofAnalytics
Member since Jun 2021
2749 posts
Posted on 3/21/23 at 3:45 pm to
quote:

There's legal precedent for it.

Cite the case.

Lets see if it comes close to applying.

I can help you out if you want, I have access to a lot of legal databases here at work. Might even be able to get you an interpretation of the case
This post was edited on 3/21/23 at 3:51 pm
Posted by Schooter
Ft. Myers, FL
Member since Feb 2012
515 posts
Posted on 3/21/23 at 3:47 pm to
Like exactly!!!
Posted by RT1941
Member since May 2007
30214 posts
Posted on 3/21/23 at 3:48 pm to
quote:

I'm with you going back to the beginning, I would've suspended him for one game for putting himself in that situation, as Saban rightly said, then afterward would have waited until investigation played out before doing anything else, which at this point would seem like nothing else is going to happen so no further punishment needed.


Now you know good & well suspending him for 1 game would've never satisfied anyone. The masses of media, journalists, reporters, NYTimes, and opposing fans who all want his athletic future ruined and want him rotting in an overcrowded prison.
Posted by SoFla Tideroller
South Florida
Member since Apr 2010
30090 posts
Posted on 3/21/23 at 3:50 pm to
The melt is going to be hilarious if the other two get acquitted for self-defense.
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