Stautner;3987539 said:
You apparently have allowed the entire point to sail over your head. No, it's not "techinically" testimony, but when a lawyer makes a claim of fact that can only be properly made through the testimony of someone wh has knowledge of that fact, and then the lawyer fails to produce that testimony, then he has made the claim in lieu of the required testimony. He has circuimvented the rules of the court that allow the other side to question the witness who has made the claim of fact - essentially meaning he has submitted testimony in lieu of another party who by the rules of the court should have made the claim on the stand.
He worked the system - he circuimvented the system - he screwed the system, and I think he did so intentionally
Your original post that I responded to stated that because he made this claim, essentially testifying in Casey's stead, that Casey should be REQUIRED to testify. Which is, of course, ridiculous, given the 5th amendment. You would have to know ahead of time what each and every witness was going to say, and if they were going to lie or not, ahead of time, and be prepared that if such and such witness were to lie, that if you stated any one thing that they lied about and the only person who could contradict that is the defendant, you just waived your client's 5th amendment right.
If that were the case, the defense would essentially not be able to put on an opening statement.
CowboyMcCoy;3987577 said:
Sort of scary. I've seen you say they can't make claims, etc. etc. Then say he did not make the claims. And they didn't do it. Yeah, I've been doing really poorly being where I'm at now, peppy. Forget what the pep stands for, but you seem to have a lot of bogus input that I usually ignore as likely some troll-lawyer.
And your reading comprehension sucks too. You got some learnin to do boy. Have you taken criminal law yet?
For anyone who ever believed this guy was a lawyer, go back and look at his statements and then tell me who should be embarrassed he just got the horns.
Yeah, I'd like to see that. Let's see the rush of people backing up a 1L over a lawyer.
Ad hominem if you can't beat my argument, go for my character or assassinate my testimony.
Hey, you stated that you had testified in your own behalf and won, and implied it had been more than once. I pretty much think that you're talking about a civil trial of some sort, in which case, you'd be talking out your ***, since that's not the same AT ALL. But if you had testified on your own behalf in a criminal trial, I'd like to know about it. It's not ad hominem. I honestly want to know. You made the statement, then didn't answer the question.
BTW, you probably shouldn't be complaining about ad hominem attacks when you can't help yourself from doing it.
You're the kind of guys I pick on in class. LOL
Oh, I have no doubt you're probably the guy who sits at the front of the class and answers all the questions and THINKS he's the smartest guy in the class picking on everyone else. In reality, if you can't recognize when actual real-world experience is kicking you in the butt and you keep screaming at the top of your lungs, you're going to make a terrible lawyer if you make it that far.
CowboyMcCoy;3987586 said:
Oh, quick question. How many criminal cases have you handled?
Hundreds. Admittedly, it is not my primary field of practice. But I can run circles around someone who "talked to a bunch of lawyers and professors" and testified for himself in a civil case a couple times.