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  1. #16
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    Apr 2011
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    8,710
    The 5th amendment and the right to remain silent means that no person can be compelled to testify against themselves in a criminal proceeding. It doesn't apply to civil cases, and it means nothing in terms of speaking to friends & family as they are not law enforcement. There are some exclusions, such as excited utterances can be used against a person even if/when they've been mirandized (or not).

    The fact that JY declined to ever speak to his friends and wouldn't talk to anyone about the murder, including answering the civil subpoena and custody/visitation lawsuit is not a protected right and a logical inference can be made there's a reason he refused to speak to his family, his friends, the civil lawyers and other non-government parties.

    A jury can't hold it against a defendant who doesn't get on the stand and testify (although JY did in trial #1 and finally locked himself into a BS story that came back to bite him big time), but they sure can wonder why that same defendant defaulted on civil matters and refused to talk to friends and kept little CY from seeing her aunt and grandma for no good reason. Ahhh but wait...there was a good reason.... turns out little CY was talking about what she saw that fateful night/morning and it was right after that she was spirited away.

  2. #17
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    Jul 2007
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    http://www.wral.com/nc-court-to-hear...rial/13204187/

    NC Courts to hear JY appeal on Thursday.

  3. #18
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    http://www.wral.com/asset/news/local...statereply.pdf

    States response in PDF to appeal...I'm hoping for oral arguments; because in NC they do allow coverage. Will wral cover it? I've emailed to ask....will let you know if I get any response.
    Dont Be A Sheep

  4. #19
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    OK; Breaking news, wral has responded; they are the pool camera, hearing begins at 9:30am tomorrow morning.

    I think we should still have the Dec Trials Thread....even if it's just for hearings...but we can follow along this way as well.

    Let's hope that it's denied.....

    Maybe we could have a sticky for the hearing? Thank you!!
    Dont Be A Sheep

  5. #20
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    Apr 2011
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    Hopefully it won't be overturned!
    JUSTICE FOR MICHELLE AND RYLAN


    All posts, unless sourced, are my opinion only and they are to remain here in Websleuths and are not to be used elsewhere. Thank you!!!!

  6. #21
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    Jul 2007
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    4,889
    The 3 Judge panel won't write their opinion after hearing arguments for at least 3-4 months
    (Timeline for similar appeals)

  7. #22
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    Well at least wral is willing to be the pool and give us a live feed.
    Dont Be A Sheep

  8. #23
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    It took about 5 months to get a decision in the Cooper case after oral arguments.

  9. #24
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    Bumping, Live Feed will start in 20 minutes for Live Hearing
    wral.com
    Dont Be A Sheep

  10. #25
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    Live Feed is ON www.wral.com no audio yet no judges in the room yet.
    Dont Be A Sheep


  11. #26
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    so the judges say they are going to take a brief recess and wral cuts the feed; the live feed; and already is replaying. They were not finished. Geez.
    Dont Be A Sheep

  12. #27
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    Jul 2007
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    Quote Originally Posted by Cherry View Post
    so the judges say they are going to take a brief recess and wral cuts the feed; the live feed; and already is replaying. They were not finished. Geez.
    They were finished with the Young hearing. The recess was called before the next appeal was to be called

  13. #28
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    Feb 2013
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    New Mexico, USA.
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    10,415
    I'm confused
    ​Blessed are they with nothing to say and the wisdom not to say it.

    Teghan Alyssa Skiba - never forget.

  14. #29
    Join Date
    May 2010
    Location
    Raleigh NC
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    Quote Originally Posted by Boodles View Post
    I just saw that. What took them so long? Poor Mrs. Fisher, Meredith and Cassidy, although they knew this was coming.

    I followed this trial. I can't find the juror instructions, but no way Judge Stephens said the jury could construe his silence as evidence of guilt! To the contrary, asI recall, because it made me cringe to hear his silence could not be used against him. but the defense must have some basis or that issue to be raised. Does anyone know where I can find a copy of the instructions or can you explain?

    We knew the teacher's testimony about the dolls would be one basis for appeal (right to confront accuser grounds).

    Anyway, I love Judge Stephens. I trust his judgment.
    HiYa, Boods - I'm way late on coming into this, and your request above may have already been answered, but anyway, here is the WRAL livestream of Judge Stephens' charge & instructions to the jury:

    http://www.wral.com/specialreports/m.../#/vid10805888

    This whole thing angers me -- the evidence was there and this awful man is guilty, guilty, and guilty.


    All posts, unless attributed, are "just my humble opinion," and they are to remain here in Websleuths and are not to be used elsewhere. Thank you.
    _________________


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  15. #30
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    May 2010
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    Quote Originally Posted by Madeleine74 View Post
    The 5th amendment and the right to remain silent means that no person can be compelled to testify against themselves in a criminal proceeding. It doesn't apply to civil cases, and it means nothing in terms of speaking to friends & family as they are not law enforcement. There are some exclusions, such as excited utterances can be used against a person even if/when they've been mirandized (or not).

    The fact that JY declined to ever speak to his friends and wouldn't talk to anyone about the murder, including answering the civil subpoena and custody/visitation lawsuit is not a protected right and a logical inference can be made there's a reason he refused to speak to his family, his friends, the civil lawyers and other non-government parties.

    A jury can't hold it against a defendant who doesn't get on the stand and testify (although JY did in trial #1 and finally locked himself into a BS story that came back to bite him big time), but they sure can wonder why that same defendant defaulted on civil matters and refused to talk to friends and kept little CY from seeing her aunt and grandma for no good reason. Ahhh but wait...there was a good reason.... turns out little CY was talking about what she saw that fateful night/morning and it was right after that she was spirited away.
    bbm

    Excellent comments, Maddie!

    I don't know about the 5th, but as to my bbm, the defendant is advised that he/she has to answer all questions -- as Brad Cooper was in the custody hearing of his daughters.

    Note: IANAL.
    Last edited by borndem; 12-12-2013 at 08:55 PM.


    All posts, unless attributed, are "just my humble opinion," and they are to remain here in Websleuths and are not to be used elsewhere. Thank you.
    _________________


    This blessed plot, this earth, this realm, this England.
    William Shakespeare, King Richard II



    The Angel of the Waters, Bethesda Terrace, Central Park, New York City

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