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  1. #1
    Insomnia Momma's Avatar
    Insomnia Momma is offline If not supported by a link it's just what I think!
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    Grand Jury Indictment 3/20/14

    This may eliminate the preliminary hearing. IMO.

    Thank you Softtail
    http://www.wbtw.com/story/25038367/g...r-elvis-murder
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  2. #2
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    If/since the GJ usually comes before charges, I wonder if in a case when LE found reason to believe the suspects would flee and/or that they were a danger to others, they can go ahead and arrest them and ask for indictments later?
    Just my opinion, of course.

  3. #3
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    This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?
    My posts are and believe it or not I've put some thought into 'em.

  4. #4
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    Quote Originally Posted by cluciano63 View Post
    If/since the GJ usually comes before charges, I wonder if in a case when LE found reason to believe the suspects would flee and/or that they were a danger to others, they can go ahead and arrest them and ask for indictments later?
    The grand jury doesn't "usually come before charges". Procedure followed in this case is normal : probable cause to issue warrant determined by a magistrate or judge (depending on state); arrest; bond hearing if bond not set or is higher than defendant can post; probable cause or preliminary hearing or grand jury; then trial.

  5. #5
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    Quote Originally Posted by nosysw View Post
    This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?
    Yep, that's the nature of the proceeding.

  6. #6
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    Quote Originally Posted by nosysw View Post
    This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?
    I read yesterday they waived the right to a speedy trial, but not sure if that was official or a presumption. I can't imagine innocent people wanting to delay a trial and stay in jail. If the defendants insisted, they could go to trial in whatever the minimum is for Sc, i.e six months, and the state would be forced to be ready. I think it is foolish in this case to not go to trial sooner, for the defense, as it allows time for Heather to be found. Jmo

    ETA from what I can find "speedy" is not specific in SC...case to case, based on complexity etc...
    Just my opinion, of course.

  7. #7
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    http://www.thestate.com/2014/03/21/3...y-indicts.html

    The indictments filed against the couple were true bill indictments, which means that the case will not have a preliminary hearing at which more evidence could be presented publicly.
    snipped

    Tammy Moorer’s attorney, Greg McCollum, said the indictment voids his client’s rights to a preliminary hearing, which they were hoping to hold next week.
    “A preliminary hearing is a chance to see if the state has probable cause for the five charges and we would have a limited opportunity which is guaranteed by statute to require the state to present some evidence,” McCollum said Friday. “If the state elects to indict the case, then your absolute right to a preliminary hearing becomes void. We were very much looking forward to hearing the state present evidence and having the preliminary hearing and having that heard.”
    Say what you mean, mean what you say, but don't say it mean.
    We are all just trying to make sense of an unimaginable crime.

  8. #8
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    Sidney Moorer’s attorney, Kirk Truslow, said he was disappointed that the indictments were returned and the preliminary hearing won’t be held, but now he hopes the case is expedited.
    “I hope it doesn’t take as long as some of the other cases we’ve had around here,” Truslow said, referring to an unrelated previous case in which his client was jailed for four years without bond before the case was resolved. “We are working on it. We already started our investigation. We are hoping to get a trial in a reasonable about of time. If we don’t then we will go back and request a bond.”
    Read more here: http://www.thestate.com/2014/03/21/3...#storylink=cpy

    Good luck trying to go back and request a bond again. His best bet is a speedy trial.
    Say what you mean, mean what you say, but don't say it mean.
    We are all just trying to make sense of an unimaginable crime.

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    Yes, I am so sure the defense for both was really wanting the evidence that convinced a GJ to indict for murder to be heard...I mean, it can only be worse than what we have heard already...jMO
    Just my opinion, of course.

  10. #10
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    Quote Originally Posted by Lovejac View Post
    http://www.thestate.com/2014/03/21/3...y-indicts.html


    Tammy Moorer’s attorney, Greg McCollum, said the indictment voids his client’s rights to a preliminary hearing, which they were hoping to hold next week.
    “A preliminary hearing is a chance to see if the state has probable cause for the five charges and we would have a limited opportunity which is guaranteed by statute to require the state to present some evidence,” McCollum said Friday. “If the state elects to indict the case, then your absolute right to a preliminary hearing becomes void. We were very much looking forward to hearing the state present evidence and having the preliminary hearing and having that heard.”

    snipped
    1. Kidnapping
    2. Murder
    3. OOJ
    4. IE #1
    5. IE #2


    So disposed means the charges were not dropped - just that TM paid bail?
    Last edited by stillwatersc; 03-22-2014 at 07:21 PM.


  11. #11
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    Quote Originally Posted by nosysw View Post
    This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?
    When people are charged with a crime and bail is denied, yes they can be held until trial.

  12. #12
    floridamomma's Avatar
    floridamomma is offline "I've never let my school interfere with my education." - Mark Twain
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    Quote Originally Posted by nosysw View Post
    This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?
    they can waive that right.

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  13. #13
    Quote Originally Posted by floridamomma View Post
    they can waive that right.

    Sent from my DROID RAZR using Tapatalk
    Also confused. Why would you not want a speedy trial that presses the state for time to get there stuff together. Unless you know you're guilty then I guess why hurry. Or am I thinking all wrong. I'm very unfamiliar with this stuff. God bless Google and Wikipedia.

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  14. #14
    floridamomma's Avatar
    floridamomma is offline "I've never let my school interfere with my education." - Mark Twain
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    Quote Originally Posted by njgolden1120 View Post
    Also confused. Why would you not want a speedy trial that presses the state for time to get there stuff together. Unless you know you're guilty then I guess why hurry. Or am I thinking all wrong. I'm very unfamiliar with this stuff. God bless Google and Wikipedia.

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    I wouldn't want a speedy trial IF I was fearful of a guilty verdict. IMO. idk, I've never walked in those shoes.

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  15. #15
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    If innocent, IMO, you would the trial ASAP, as long as you felt your lawyer was up to speed, even more so if denied bail. But I get what nosysw is saying...we have "innocent until proven guilty" yet we can lock a person up a year or more before a trial. I mean, I get it as far if they are believed to be a danger, etc...anyway...
    Last edited by cluciano63; 03-22-2014 at 10:01 PM.
    Just my opinion, of course.

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