LockeNLoad
| Favorite team: | Texas A&M  |
| Location: | Omnipresent |
| Biography: | One of the Greatest Political Philosophers of all Time |
| Interests: | Truth, Objectivity, and Rebutting Nonsense |
| Occupation: | |
| Number of Posts: | 235 |
| Registered on: | 10/26/2021 |
| Online Status: | Not Online |
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re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/4/21 at 8:03 am
[quote]Malicious prosecution is exactly what this is[/quote]Time will tell, because some contingent fee lawyer somewhere in Wisconsin will almost certainly be willing to roll the dice on this case. When that civil court eventually rules on the inevitable motion for summary judgment from the civil d...
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re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/4/21 at 7:49 am
[quote]Bottom line, you cannot change the video. Everyone can see exactly how it played out in real time. This isn’t a far fetched defense theory. It is cold hard mutha frickin facts. Everyone has a right to self defense and to deny Kyle that right is UNfrickIN AMERICAN.[/quote]Agreed. Rittenhouse sho...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/4/21 at 7:47 am
You say that we have interacted in the past, but I have absolutely no recollection whatsoever of your existence.
In any case, the authority you are citing is related to an “imperfect“ self-defense claim, as opposed to a “perfect“ self-defense claim. Yes, under Wisconsin law, the State carries th...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/3/21 at 9:01 pm
[quote]Pretty sure the burden of proof still lies on the prosecution to prove that it wasn’t justified, and therefore criminal. [/quote]You are mistaken. I cited the relevant Wisconsin statute in the other thread. The burden of proof is not complex, but rather a matter of black letter law. Again:[...
re: Ruggs bail was only $150,000
Posted by LockeNLoad on 11/3/21 at 8:46 pm
[quote]After driving over 150mph while under the influence!??? Someone explain to me how that is rational.[/quote]Bail is not punishment and is set at a figure likely to assure that the defendant will appear for trial.
This guy was a drunk arse, but he is not a flight risk. ...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/3/21 at 8:20 pm
[quote]How does defending your life against armed attackers provide probable cause for any charges whatsoever?[/quote]Because the prosecution only has to establish “probable cause“ on the homicide. To establish “probable cause,” they do not have to negate any affirmative defense that the Defendant m...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/3/21 at 6:05 pm
[quote]You’re telling me when he’s acquitted he has no civil case for restitution against a political hit job? [/quote]I am saying that he has no tort claim for malicious prosecution.
Maybe a hypothetical lawyer on a contingent fee can craft some other clever theory or argument … but I doubt it....
re: History buffs are gonna love the 2nd amendment trial
Posted by LockeNLoad on 11/3/21 at 5:57 pm
[quote]2nd Amendment interpreted correctly = nation-wide constitutional carry[/quote]You are certainly entitled to your opinion, but in 1833 SCOTUS ruled that the Bill of Rights was limited in application to the central government. Barron v. Mayor & City Council of Baltimore, 32 U.S. 243 (1833)[quot...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/3/21 at 3:25 pm
[quote]The lacrosse players didn't file suit against the state, the DA's office, or Nifong.[/quote]You are mistaken.
He was sued in federal court, and the claims against him survived dismissal based upon immunity. He was eventually dismissed from the case because he had filed bankruptcy.[link=(h...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/3/21 at 3:08 pm
[quote]malicious prosecution[/quote]Zero chance of success[quote]Under Wisconsin law plaintiff Kaminske's claim for the tort of malicious prosecution requires six elements: (1) a prior institution or continuation of judicial proceedings against Kaminske; (2) the former proceedings were "by, or at th...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/3/21 at 3:05 pm
[quote]He could sue Kenosha and the DA. Remember Nifong?[/quote]Nifong lost absolute immunity because he engaged in a whole HOST of extrajudicial activities, taking advantage of the case for personal gain ... including his political race.
I've not seen anything of the sort in this case.
But th...
re: Taco Bell with the jokes today
Posted by LockeNLoad on 11/3/21 at 2:59 pm
[quote]If it’s fake he stole it from somewhere cause I know his dumbass can’t photoshop that good[/quote]"that good?"
The font isn't even close to correct.
[img]https://media.npr.org/assets/img/2021/09/10/gettyimages-846234516_wide-5776b9760277da51f6054b7bc8db25fb87b2c512-s1100-c50.jpg[/img]...
re: Witness: Man Rittenhouse Fatally Shot Acted ‘Erratic’; Hurled N-Word, Shouted ‘Shoot Me’
Posted by LockeNLoad on 11/3/21 at 2:54 pm
[quote]worse, everyone he shot (families of the dead) will sue him after he is found not guilty.[/quote]Almost certainly true.
Same thing happened to OJ. Acquitted of the crime, but got sued and spent the rest of his life barely able to afford green fees for visiting every golf course in the cou...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/3/21 at 2:51 pm
[quote][quote]Kyle about to get paid Sandmann style[/quote]From whom? DA's and their office have immunity from lawsuits.[/quote]And "on what legal theory" ... what tort?
This kid got put through the wringer, and that should not have happened. But he has no justiciable civil case against anyone i...
re: Witness: Man Rittenhouse Fatally Shot Acted ‘Erratic’; Hurled N-Word, Shouted ‘Shoot Me’
Posted by LockeNLoad on 11/3/21 at 2:46 pm
[quote][quote]There is no case here for malicious prosecution[/quote]How about a case for a political prosecution which is what we are seeing.[/quote]I am not aware of any such tort.
Most States have criminal statutes for abuse of office, and I suppose that someone could TRY to argue that the DA ...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/3/21 at 2:40 pm
[quote]Can he entertain a motion to dismiss?[/quote]Sure, the State can dismiss the case if the prosecutor wants to stop embarrassing himself.
Locke...
re: Witness: Man Rittenhouse Fatally Shot Acted ‘Erratic’; Hurled N-Word, Shouted ‘Shoot Me’
Posted by LockeNLoad on 11/3/21 at 2:27 pm
[quote]does anyone know of a case of malicious prosecution which got to trial and resulted in the accused getting paid off without them actually going to jail?
Because this farce seems to be grounds for one if it hasn’t happened before.[/quote]This kid has been put through the wringer, and he sh...
re: Kyle Rittenhouse Trial - Day 4 (made the thread title more accurate)
Posted by LockeNLoad on 11/3/21 at 1:42 pm
I have seen cases through the years where the case being presented by the plaintiff or the prosecution did not make a lot of sense for the first few days, until all the pieces started to click together
Thus far, this does not look like one of those cases.
Locke...
re: Witness: Man Rittenhouse Fatally Shot Acted ‘Erratic’; Hurled N-Word, Shouted ‘Shoot Me’
Posted by LockeNLoad on 11/3/21 at 12:55 pm
[quote][quote]Was he a witness for the prosecution?[/quote]I believe he testified for the defense[/quote]Well, he was called to the stand by the prosecution, but it would not be unreasonable to consider him a defense witness ... based upon his testimony. (that is sarcasm)
Locke...
re: Kyle Rittenhouse Trial StartingToday
Posted by LockeNLoad on 11/3/21 at 12:54 pm
[quote]How do you watch the trial online today?[/quote]I watched the CourtTV live feed yesterday. Have not had the opportunity today to see whether it is streaming there.
Locke...
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