9o1l Tide

Mailed my check to Bham yesterday, but it hasn't cleared yet.

You mean when Norvell gets the call up to the big leagues and Memphis needs a new coach that knows the area and can recruit well? I could buy that.

I'll be there tomorrow around lunch time. I've head good things about Scofflaw. Gonna get some pre-tailgating brews in before heading downtown.

I only know of this statute because we had a law school moot court competition centered around its interpretation, but, assuming that the girls accessed her phone without her permission, they most likely violated the Computer Fraud and Abuse Act ("CFAA"), specifically 18 U.S.C. 1030(a)(2)(C). This federal statute imposes both criminal and civil liability on those who access another's computer and take its information if that culprit didn't have access or exceeded the scope of her authorization in obtaining the info in question.

While this statute was designed to stop hackers, the exponential growth of computer technology has now criminalized seemingly innocuous activities. There would definitely be precedent to prosecute these girls under this statute.

Otherwise, a quick search of the criminal code revealed that criminal tampering in the second degree may apply under section 13A-7-26(a)(1). The actions fall within the scope of the statute's plain language, but I'd be interested to read an Alabama attorney's take on the criminal liability at play here.

Mercedes-Benz Stadium

That's not exactly true, either. If the victim is on the stand as a witness, then the victim's personal account is not hearsay. If the victim is on the stand testifying about what the defendant told her, that's also not hearsay. If the victim's personal account is not being used by a proponent to prove the truth of the matter asserted, then that's not hearsay. Hearsay is not a blanket term that applies to all out of court statements.

My initial statement was to point out that using the word hearsay to refer to these women's facebook posts is straight up dumb. The term doesn't hold any meaning unless you're referring to a specific piece of testimony given by a witness on the stand. We could get into semantics about how not every statement made out of court is hearsay because, for one, the out of court statement has to be used by a party to prove the truth of the matter asserted, and two, there are plenty of exclusions to the hearsay rule that could apply to any given out of court statement.

But all that is beside the point. Even if you want to stretch the meaning of hearsay to apply to a situation outside of a trial setting, then this would most certainly not be the case in which to use it. The term was initially used in this thread to refer to women who were giving personal accounts of which they claim to have firsthand knowledge. These aren't "I heard rumors that..." kind of statements.

quote:

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I hate Ole Miss...but all these people at briarcrest coming out with stories now is played out and is hearsay at this point.

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What exactly do you think hearsay is?

Definitey agree with you on that one. I grew up in Memphis during the Cal years, so I was interested to see what was included in this 30 for 30. Pretty disappointed they didn't include more about the Memphis era.

Putting aside my obvious biases, I will say that the doc felt like it wasn't a 30 for 30 as much as it was an infomercial used to improve Cal's public perception. I still felt like it didn't even do a good job of that. He came off pretty pompous and inept during the gametime footage.

My roommate was at the breakfast in Memphis this morning when he dropped that zinger. Said the entire room cringed real hard.