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cdsperr


Member since 09 January 2012 | Blog

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Comment 28 Mar 2014

Road to the Final Four? Where we're going, we don't need roads

Comment 27 Jul 2013

False. There is this whole thing called ethics us prosecutors have to abide by and that includes not overcharging, especially something as serious as aggravated battery which requires the loss of function of a body part for a period of time i.e. usually broken limbs or loss of motor function. Also, PTD is NOT just for non-violent offenses. Florida LB Antonio Morrison got it just last month after a physical altercation with a bouncer.

Comment 26 Jul 2013

Again, my jurisdiction is different in that we have lesser degrees of assault and battery. This would likely be a simple battery in my jurisdiction which means an offensive contact that did not leave a mark. Battery is a visible mark like a bruise or cut or scratch. 

As for ways of determining, it is premature to speculate what all is there. Things I would look for are taunting/fighting words, who struck first, did the person who struck first have a reason to do so out of fear (example is size disparity), how did other person respond, how much time passed before the response, etc. The video should answer that but my guess is this isn't your primary aggressor situation in which both people are bloodied and bruised from a fight. This so far appears that she got mad at him about something, hit him, he lost his temper at that and slapped her. Both may have been provoked, and that is why I think a disorderly conduct would be more appropriate. 

 

Comment 26 Jul 2013

As a prosecutor, albeit a different State, I will pipe in on a few things:

1. Won't/shouldn't be an underage drinking charge. I'm assuming the video at most shows her holding a drink but how are you going to prove what that liquid is? Could be water, could be coke, who knows. Lets not waste times with a minor infraction that can't be proven and I would likely dismiss right away

2. Seems a prime candidate for a pre trial diversion program if this is charged (see Antonio Morrison's bouncer case for example). That would mean completing some community service,  fine, and probably a conflict resolution course and the charge is dismissed

3. I really hope they don't charge both with assault. Whenever that happens, I shake my head because difficult to prove what was said and whether response was reasonable. In my jurisdiction, we usually advise that if you can't determine a primary aggressor and charge only one, then charge both with a disorderly conduct. ORC 2917.11(1) would be appropriate and is a minor misdemeanor. 

4. Don't get upset at the police. First off, girl is out of town. They aren't going to drop a case because a victim is gone for a week. They also have a lot more crap to deal with than this....like about every 15 seconds. 

Comment 12 Mar 2013

Felony prosecutor here who has done second chair on two rape trials....

1. Regarding charging others, I'm assuming party to a crime here would be based on a lookout. She went to the bathroom, which I presume is the hallway bathroom unless these freshmen players have their own bathroom. That seems most likely scenario if more than 1 person is charged

2. Regarding this nonsense about "biting"...use your common sense. Here is the model jury instruction on rape in my state: 

The lack of consent on the part of the alleged victim is an essential element of the crime of rape, and the burden of proof is on the State to show a lack of consent on the part of the alleged female victim beyond a reasonable doubt. If the State fails to prove such beyond a reasonable doubt, then you should acquit the defendant. However, consent induced by force, fear, or intimidation does not amount to consent in law and does not prevent the intercourse from being rape. Consent to sexual intercourse obtained through a present or immediate fear of serious bodily injury to the female involved is equivalent to no consent at all.

3. Let's not burn anyone at the stake as it is still just an ongoing case that hasn't even resulted in any charges or arrests yet. That includes the woman as well. Some of the posts have me sick to my stomach. 

 

Comment 12 Feb 2013

Relax. Depending on the facts, they could be facing a life sentence. Your comment seemed a decent place to point out what that actually meant for anyone who was interested in what kind of time they may be facing. Sorry if I rained on your joke bro

Comment 12 Feb 2013

A life sentence is usually far less than 30. For example, in Alabama a "life sentence" is eligible for parole after 10 years or after serving 1/3 of an inmates remaining life expectancy, whichever comes first. Sorry, the ADA coming out of me.

Comment 18 Dec 2012

I think the best division names are "Woody" and "Bo", but that would only work if OSU and scUM were in different divisions. Black and blue not only contains the two colors in the B1G logo but also is an homage to the physical style of play associated with Big 10 football

Comment 18 Dec 2012

What I would like:

Black: Northwestern, Wisconsin, Michigan State, Nebraska, Rutgers, Purdue, Iowa
Blue: Ohio State, Michigan, PSU, Minnesota, Illinois, Indiana, Maryland

Reasoning: Can keep the OSU vs. Michigan game as last game of year without a rematch the next week in title game. With weak B1G and UM and OSU the best bets at a national championship the next few years, beating the other and then winning the B1G game is a nice 1-2 for making a case to be included in top 4 for playoffs even with a regular season loss. PSU is going to sink into mediocrity as sanctions/scholarships take hold so having those 3 historic programs in same division isn't as big a deal as it may appear. MSU and Michigan can have a cross-division rivalry game. In other division, allows for Wisconsin to keep recent rivalry with MSU and also build a rivalry with Nebraska. I'm a big believer in Hazell and NW could be dangerous every now and then.

Comment 22 Mar 2012

Bodog right now has a prop bet for Thomas at 16.5 points for this game. Considering how has been playing and having a height advantage/zone for his second opportunities I think 11W could reach its 25k target if it bets everything

Comment 30 Jan 2012

Burrows is a 5 star on Rivals

http://rivals.yahoo.com/ncaa/football/recruiting/player-Cameron-Burrows-120703

Comment 20 Jan 2012

At this point I expect Urban to get into his Delorean and take their prom date too

Comment 18 Jan 2012

Credit goes to OmegaBuckeye on the 247 boards but this should help clear up questions on our scholarship situation (looks accurate to me)

Seniors (14)

Nate Williams, Zach Boren, Ben Buchanan, Zach Domicone, Reid Fragel, Garrett Goebel, Jordan Hall, Adam Homan, Travis Howard, Orhian Johnson, Storm Klein, Etienne Sabino, John Simon, Jake Stoneburner

Juniors (17)

C.J. Barnett, Drew Basil, Adam Bellamy, Jamaal Berry, Corey Brown, Corey Brown, Christian Bryant, Chris Fields, Kenny Guiton, Marcus Hall, Johnathan Hankins, Carlos Hyde, Corey Linsley, Jack Mewhort, Andrew Norwell, Jordan Whiting, Jamie Wood

Sophomores (21)

Darryl Baldwin, Michael Bennett, Jeff Heuerman, Braxton Miller, Steve Miller, J.T. Moore, Verlon Reed, Brad Roby, Ryan Shazier, Devin Smith, Roderick Smith, Evan Spencer, David Durham, Curtis Grant, Chad Hagan, Joel Hale, Doran Grant, T.Y. Williams, Antonio Underwood, Brian Bobek, Kenny Hayes

Redshirt Freshman (7)

Tommy Brown, Chris Carter, Conner Crowell, Chase Farris, Bryce Haynes, Ron Tanner, Nick Vannett

Incoming Freshman (22)

Warren Ball, De'Van Bogard, Jacoby Boren, Bri'onte Dunn, Patrick Elflein, Frank Epitropoulos, Cardale Jones, Roger Lewis, Najee Murray, Josh Perry, Se'Von Pittman, Tyvis Powell, Luke Roberts, Tommy Schutt, Ricquan Southward, Noah Spence, Blake Thomas, Michael Thomas, Adolphus Washington, Taylor Decker, Joey O'Connor, David Perkins

It all adds up to 81 currently on scholarship.

Possible transfers/discipline/medicals/decommits

Jamaal Berry
Jordan Whiting
J.T. Moore
T.Y. Williams
Rod Smith
David Durham
Chad Hagan
Chris Carter
Tommy Brown
Ricquan Southward

My thoughts on the possible transfers/medicals/decommits: Obviously Berry sticks out and don't think he will be part of team next year. Hagan should be a medical hardship. Carter's weight could very well push him out. I don't think Southward should be on there as he had a 22 ACT, but he may go elsewhere. There are a few members of incoming class that might not qualify academically, such as Lewis. Hope this helps as it def. helped me in counting numbers.