Categorized | NSP Radio Archive

NSP – Jan 5, 2013 – Co-host: JT

Posted on January 7th, 2013 by Marc Stevens

Co-host: JT.

Show Topics:

Caller’s Topics:

  • Delilah from San Diego: jury trial – deputy AG brought in to help deny Brady request, cop’s credibility “not relevant”, retired judge Zimmerman brought in from retirement, trial delayed as new prosecutor brought in at last minute; before jury selection challenging Mark Denise had no evidence to prove code applicable; double bind judge assuming jurisdiction not presuming innocent of code violations; witnesses, jury and judge don’t know what objective standard of proof is; Samson impeached as witness, still allowed to testify; no witnesses permitted to testify the code is applicable; Delilah told jury there is no reason to testify when jurisdiction has not been proven; judge: courts always have jurisdiction.
  • Mike from Idaho: pretrial conference Monday, motion to preclude witnesses declared incompetent by prosecutor and judge; prosecutor Lori Hendrickson wants voir dire denied to Michael; What do we do/say if the judge threatens us with contempt if we raise the issue there are no facts proving the code is applicable?  Are you threatening me with violence for challenging an element of the crime?; always go from vague to specific and ask for clarifications; how can you assume the code applies at the same time you’re presuming innocent?
  • Don from Portland: traffic ticket, trial by declaration, call cop or prosecutor and ask for facts.
  • Peter from Montana: presence in state; when asking for facts the code is applicable, do not answer questions, insist on facts; when you have a burden with the motion to dismiss, you meet the burden by asking prosecutor for facts; denial of discovery, judge thinks defendants have to prove prosecutors must give discovery.
  • Rich from Austin: conversation with prosecutor on a trial de novo, if appeal is successful, prosecutor threatens to add seven charges, refuses to talk about discovery, what facts the code applies? “Next question.”
  • Imran from Arizona: contracts (plea agreements), not valid under duress, fraud, cases.
  • Matt from Austin: recording hearings prior notice; discovery request not responded to; call prosecutor.

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6 Comments For This Post

  1. NonE Says:

    I remember those days, violently throwing up in the dorm bathroom… but really Marc, is that the best place you could find to record the show? Couldn’t you have found a better bathroom to record from??? :p

    – NonE

  2. dan gould Says:

    @NonE, LMAO!

  3. Calvin Says:

    @NonE: and that was the good version, you should of heard the original. 😮

    Regarding the show; its exciting to see more people questioning authority, or, in other words; pointing and laughing at the Emperor’s new clothes (or is it the new Emperor’s old clothes considering accountability dodging “term limitations?”). 😎

    Remember; in court, don’t let them distract you from the fact that they are [metaphorically] naked [they have nothing (NO standing, NO applicability, NO jurisdiction, NO corpus delecti, NO cause for action, NO duty to protect, ect… sorry for the redundancy)], because, of course, it is impossible for them to prove it factually. Until they present (or at least admit they have) the evidence and facts they have the burden to prove; object to their non-responsive nonsense and direct them to answer the question (not *argument* or *position*) that was asked (so that you may be informed so that you can properly respond/defend yourself OR prevent the expense of trial or further proceeding if the prosecution lacks a ripe case :idea:).

    Look forward to hearing how these adventures in legal-land pan out.

  4. surfer349 Says:

    Hey Imran,

    What is your handle on the forum? I’m in Maricopa County AZ too. Marc, maybe you can help me get connected?

  5. Imran Says:

    I’m imran_jamali on Skype and Imran Jamali on the forum.

  6. surfer349 Says:

    so there’s a ton of people on skype w/ that same name and nothing comes up on the forum searching for that name…

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