tag:blogger.com,1999:blog-8597101.post4853091251865021284..comments2024-03-15T05:45:01.402-05:00Comments on Grits for Breakfast: Fifth Circuit apparently taken over by aliens, issues restraint on prosecutors "vouching" for law enforcementGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-8597101.post-81900118058349038392008-04-05T18:11:00.000-05:002008-04-05T18:11:00.000-05:00#1: Clearly vouching.#2: Vouching and a flat-out l...#1: Clearly vouching.<BR/>#2: Vouching and a flat-out lie; unless the prosecutor just started work yesterday, he's had law enforcement witnesses get caught in lies on the stand - and he knows that in most cases they were neither prosecuted for perjury, nor disciplined by their department.<BR/>#3: Doesn't sound like vouching to me. Every lawyer is asking the jury to believe his witnesses.<BR/>#4: Without knowing the evidence presented, this could be expressing a line of reasoning from the evidence in the case - or just blowing smoke.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-10426399982051026792008-04-05T08:36:00.000-05:002008-04-05T08:36:00.000-05:00"Why don't you tell us your courtroom experiences"..."Why don't you tell us your courtroom experiences"<BR/><BR/>I've not a lawyer, as you know, and have no "courtroom experiences" besides traffic court and an incident where I refused to divulge sources and got hauled into civil court.<BR/><BR/>But I've covered court cases as a journalist in a past life, and spent more time in county courthouses digging through case files than I could begin to describe as an oppo researcher, including in 22 judicial campaigns. Back then I'd also do similar paper trail research for attorneys, including several death penalty appeals. After that, I was ACLUTX's Police Accountability Project director for six years. Good enough, or do you think I need a J.D. to talk about this stuff?Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-79197320541328881172008-04-05T07:28:00.000-05:002008-04-05T07:28:00.000-05:00Where does the Fifth Circuit convene these days, p...Where does the Fifth Circuit convene these days, post-Katrina? In not in New Orleans, maybe they are no longer drinking poisonous Mississippi River Water, and their brains are working differently.<BR/><BR/>It is unlikely that this opinion will be upheld by SCOTUS on appeal. At least one of those statements was clearly not vouching, under what has been the rule on such things.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-86730273667811978802008-04-05T07:23:00.000-05:002008-04-05T07:23:00.000-05:00What does Grits' courtroom experience have to do w...What does Grits' courtroom experience have to do with anything?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-79442971168741168922008-04-05T00:53:00.000-05:002008-04-05T00:53:00.000-05:00Grits..."From readers with courtroom experience, h...Grits...<BR/><BR/>"From readers with courtroom experience, how often do you hear prosecutors make statements similar to one or more of these four in closing arguments?"<BR/><BR/>Why don't you tell us your courtroom experiences with anything?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-42622929703877652502008-04-04T17:57:00.000-05:002008-04-04T17:57:00.000-05:00Michael, you're right. I was told privately via em...Michael, you're right. I was told privately via email this only applies to federal rules of evidence, not state cases. Still surprised me, though.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-17866192655497443282008-04-04T16:12:00.000-05:002008-04-04T16:12:00.000-05:00I rather doubt that Texas prosecutors are particul...I rather doubt that Texas prosecutors are particularly concerned with what a "federal court" has to say.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-66915838100737241772008-04-04T12:48:00.000-05:002008-04-04T12:48:00.000-05:00That really is amazing. If the Deliberations post ...That really is amazing. If the Deliberations post weren't dated April 2 I'd have taken it for an April Fool's joke!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-76761706511738286052008-04-04T12:37:00.000-05:002008-04-04T12:37:00.000-05:00No matter how someone gets into law enforcement, n...No matter how someone gets into law enforcement, nobody good could can stay in long. The blinders will slip from the eyes within weeks or months.<BR/><BR/>Ergo, any seasoned law enforcement officer is a professionally trained, and practiced, liar.<BR/><BR/>Who doesn't know this?Anonymousnoreply@blogger.com