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  1. #181
    Join Date
    Nov 2004
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    718
    Quote Originally Posted by Hatfield View Post
    I agree and this brings up an important question.

    If the judge gets mad can he throw out the case altogether and leave it in a state where the prosecutors can never re-try this case? Kind of like the double jeaopardy rule.

    I had always thought that the prosecution could drop their charges and then retry in future if they get more evidence. But if judge does something, then maybe the judge can do something much more powerful which would leave it in a state where they could not be retried? I dont know how this works.
    Hope this helps. Interesting reading the Criminal Prosecution section of the article.

    http://legal-dictionary.thefreedictionary.com/dismissal
    Dismissal with Prejudice A dismissal with prejudice bars the government from prosecuting the accused on the same charge at a later date. The defendant cannot subsequently be reindicted because of the constitutional guarantee against Double Jeopardy. A dismissal with prejudice is made in response to a motion to the court by the defendant or by the court sua sponte.
    Dismissal without Prejudice A dismissal without prejudice that permits the reindictment or retrial of a defendant on the same charge at a subsequent date may be granted by a court acting sua sponte or after the prosecuting attorney has made a motion to do so. Only nonconstitutional grounds that do not adversely affect the rights of the defendant, such as the crowding of court calendars, might be sufficient to warrant the dismissal of a criminal action without prejudice.

    Having read this info, my question is the judge privy to the potential evidence of the case before the case is/is not dismissed?

  2. #182
    Join Date
    Jan 2011
    Location
    New Orleans
    Posts
    15,410
    From JRN:

    New Motion Asks Charges In Bobo Case Be Dropped
    December 30, 2014

    Defense attorneys in the Holly Bobo case are now demanding that all charges against the two prime suspects be dismissed.
    ...
    At the recent hearing, Judge McGinley ordered the prosecution to provide additional discovery by December 24 -- one week ago.

    Long said the state missed that deadline, and insisted that he's received nothing linking the suspects to a homicide.



    Link: http://www.jrn.com/newschannel5/news...287133481.html


    NOTE: This Motion pertains to the judge's order issued at the 12-17-14 Hearing.
    JMSSO = Just My Super Secret Opinion

  3. #183
    Join Date
    Feb 2010
    Posts
    37,773
    Have a bad feeling that no one will pay for Holly's murder...
    Just my opinion, of course.

  4. #184
    Join Date
    Aug 2013
    Location
    Canada
    Posts
    1,775
    Quote Originally Posted by Hatfield View Post
    I agree and this brings up an important question.

    If the judge gets mad can he throw out the case altogether and leave it in a state where the prosecutors can never re-try this case? Kind of like the double jeaopardy rule.

    I had always thought that the prosecution could drop their charges and then retry in future if they get more evidence. But if judge does something, then maybe the judge can do something much more powerful which would leave it in a state where they could not be retried? I dont know how this works.
    Good point , but he may not even have to "get mad" ... he has to consider the law in the purest sense ... if there is no solid information against the accused it becomes illegal to hold them in jail.

    I suspect there was maybe enough seemingly convincing evidence when the arrests were made but was it just hearsay ??

    ie: .... grandpa said that one grandson said that the other grandson had Holly in his house ..... yet now it appears that first grandson is also charged with rape and if he does not testify all that is left is the hearsay .... and that is not enough (I dont think)

    The judge may have no choice but release them. Yikes !!!

  5. #185
    Join Date
    Mar 2011
    Location
    The Midwest
    Posts
    12,517
    Quote Originally Posted by cluciano63 View Post
    Have a bad feeling that no one will pay for Holly's murder...
    Sadly, so do I.
    Look twice - Save a Life! Motorcycles are everywhere!



  6. #186
    Join Date
    Nov 2013
    Posts
    1,787
    According to Chris Conte Jennifer Nichols has been appointed by the Judge to oversee and prosecute the Holly Bobo case.

    https://www.facebook.com/NC5ChrisConte?fref=nf

    http://www.jrn.com/newschannel5/news...287683691.html
    Last edited by jggordo; 01-06-2015 at 09:04 PM.

  7. #187
    Join Date
    Sep 2008
    Posts
    11,853
    Surprise, Jennifer Nichols was the attorney that wanted off the case due to Stowe, well her boss wanted her off the case. That was when Stowe and TBI were arguing.

    As long as they can prosecute these guys, no problem.

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