tag:blogger.com,1999:blog-8597101.post1790699983754970306..comments2024-03-15T05:45:01.402-05:00Comments on Grits for Breakfast: SCOTUS to review Texas holding that defendant silence can be taken as 'substantive evidence of guilt'Gritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger17125tag:blogger.com,1999:blog-8597101.post-61493161696867762782013-04-17T09:52:00.691-05:002013-04-17T09:52:00.691-05:00Justice Kennedy will be the crucial vote unless Ch...Justice Kennedy will be the crucial vote unless Chief Justice Roberts makes another unexpected left turn.Will Yablomehttps://www.blogger.com/profile/12709988121104714020noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-69702612266280311492013-01-15T14:44:52.483-06:002013-01-15T14:44:52.483-06:00The ejector and firing pin markings are what was m...The ejector and firing pin markings are what was matched, they leave distinctive marks that are identifiable, within certain parameters. <br /><br />The Texas BOR says "He shall not be compelled to give evidence against himself, and shall have the right of being heard by himself or counsel"<br /><br />I do not see why the court could make their finding on state law alone. Not allowing for the option to say nothing is compeling someone to say something which, if a lie or the truth, can be use to infer guilt. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-83487497168158695372013-01-14T14:41:06.413-06:002013-01-14T14:41:06.413-06:00Mr. A., when you get time check out the GFB archiv...Mr. A., when you get time check out the GFB archives in the right hand margin. It's chocked full of nutty shit brought to you by the robed gods of the court of last resort aka: the USSC.<br /><br />What's disturbing is when folks learn about this type of crapola and do absolutely nothing. BTW, Bloggingaboutit doesn't count. Thanks.<br /><br />*In addition to the collective "Wow", sadly, it's just another WTF? Story in the Worst Porno Ever category.Thomas R. Griffithhttp://www.projectnotguilty.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-50636260699253412252013-01-13T08:16:03.633-06:002013-01-13T08:16:03.633-06:00This is the most disturbing thing I've ever re...This is the most disturbing thing I've ever read on here. I agree with Chasing Justice - Welcome to Iran.Mr. Anxietyhttps://www.blogger.com/profile/07389296782748499778noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-58712793595662482932013-01-13T06:29:54.914-06:002013-01-13T06:29:54.914-06:00Not a slug, definitely shot in this case, 5:21, bu...Not a slug, definitely shot in this case, 5:21, but thanks for the info. To my knowledge, I've never heard of a rifled shotgun.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-67811886404943534282013-01-13T05:21:02.375-06:002013-01-13T05:21:02.375-06:00I don't know if it's relevant here, but th...I don't know if it's relevant here, but there are rifled shotguns. They are designed to fire saboted slugs. The sabot is a plastic sleeve that falls off the slug when it leaves the barrel. The sleeve is marked by the barrel rifling in the same way as a bullet, and the same sort of comparisons can be done between a rifled shotgun and sabots found at a shooting scene. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-6279177825977762192013-01-12T18:52:10.175-06:002013-01-12T18:52:10.175-06:00I was questioned by police many years back and the...I was questioned by police many years back and they pulled that same script. Showed up at my door, two cops, both flexing their giant biceps, telling me that if I didn't "head down to the station" with them for a friendly lie detector test that I'd start to look really fucking guilty. And that the prosecutor told them to just arrest me on the spot, but these guys wanted to give me a chance. My heart was pounding harder than hell. One of the police mentioned it: "I can see your heart pounding ... I'm a specialist in body language and that's the number one sign that someone is lying," or something to that effect. It took everything I had to respectfully decline their interrogation, but damn -- that technique works well.B. Robertshttp://austincut.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-92155731503972947602013-01-12T17:33:33.002-06:002013-01-12T17:33:33.002-06:00Personaly i think any govt official who thinks thi...Personaly i think any govt official who thinks this is even close to legal all the way up to the ussc should be put againt a wall and erased!rodsmithnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-40855746172050940242013-01-12T17:27:58.899-06:002013-01-12T17:27:58.899-06:00We may as well drop the pretenses and become Iran ...We may as well drop the pretenses and become Iran if the US Supreme Court adopts this. All together now - - WOW!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-24534161227457669952013-01-12T14:41:08.883-06:002013-01-12T14:41:08.883-06:00I would assume it's impossible to match the sh...I would assume it's impossible to match the shot: It's the rifled barrel that leaves tell-tale marks on bullets. That leaves firing pin marks on the casing, but little else. I'm guessing that's one of the reasons they needed to use the D's silence as evidence: The rest of the evidence wasn't that great.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-17483401772999509672013-01-12T13:28:05.121-06:002013-01-12T13:28:05.121-06:0011:33 again.....Ballistic fingerprinting of bullet...11:33 again.....Ballistic fingerprinting of bullets does not work with firearms such as shotguns that fire shot-containing cartridges. In many cases the shot rides inside a plastic sleeve that prevents it from ever touching the barrel, and even in cases where the shot does touch the barrel, the random movement of the shot down the barrel will not leave any consistent marks. But shotgun cases can still be examined for firing pin marks and the like. <br /><br />Kopel, David B. (2008). "Ballistic fingerprints". In Ayn Embar-seddon, Allan D. Pass (eds.). Forensic Science. Salem Press. pp. 109. ISBN 978-1-58765-423-7.<br /><br />Nonetheless, this notion of being silent pointing to guilt is creepy.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-73213907371807409952013-01-12T13:05:12.740-06:002013-01-12T13:05:12.740-06:00Maybe not, 11:33/12:38. I just noticed Reuters'...Maybe not, 11:33/12:38. I just noticed <a href="http://news.yahoo.com/supreme-court-consider-silence-evidence-guilt-204803916.html" rel="nofollow">Reuters' story</a> on the case said that "Ballistics testing later matched the gun to the casings left at the murder scene." They must be talking about the shells, though one would imagine such a "match" would be less exact than for bullets fired through a rifled barrel. News to me.<br /><br />If it were a newer case I might suppose there could be a <a href="http://en.wikipedia.org/wiki/Firearm_microstamping" rel="nofollow">microstamp</a> on the firing pin or breech face, but this murder occurred in 1992.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-64941641532390234922013-01-12T12:38:52.072-06:002013-01-12T12:38:52.072-06:0011:33 here....They were bullshitting him!11:33 here....They were bullshitting him!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-51390080428426546072013-01-12T12:20:46.500-06:002013-01-12T12:20:46.500-06:0011:33, that surprised me, too. Maybe for the cartr...11:33, that surprised me, too. Maybe for the cartridges, though obviously there's no bullet and even if you're firing slugs, they have smooth bore barrels. OTOH, they may just have been bullshitting him.<br /><br />11:51, that sentiment shows you are obviously guilty. ;)Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-52239559055724747202013-01-12T12:20:28.308-06:002013-01-12T12:20:28.308-06:00Scott, This just means that prosecutors are gettin...Scott, This just means that prosecutors are getting more despirate for strategies to convict you. Under arrest, investigation, suspision or free best to tell any cop that you will not answer their questions and have an attorney to handle these matters.Leenoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-55685109700414334802013-01-12T11:51:47.329-06:002013-01-12T11:51:47.329-06:00The fact that the State is arguing for using silen...The fact that the State is arguing for using silence as evidence of guilt shows that prosecutors only goal is a conviction, rather than real justice. Once again, this proves that my old lawyer friend was correct in saying that you should generally not talk to police without a lawyer present.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-62489018627955075032013-01-12T11:33:12.360-06:002013-01-12T11:33:12.360-06:00Matching ballistics to a shotgun? That's a ne...Matching ballistics to a shotgun? That's a new one for me. Didn't know that was possible.Anonymousnoreply@blogger.com