tag:blogger.com,1999:blog-4098620.post111634094015780515..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: A New-Olde DefenseUnknownnoreply@blogger.comBlogger7125tag:blogger.com,1999:blog-4098620.post-1116561529640470072005-05-19T23:58:00.000-04:002005-05-19T23:58:00.000-04:00Since I don't even play a lawyer on TV, I can't be...Since I don't even play a lawyer on TV, I can't begin to comment on the substance of your post. But in my inimitable style, I'll digress to comment on the edges.<BR/><BR/>1) Why are so many of the blogs I enjoy reading written by current or former military folks?<BR/><BR/>2) I also happen to own a Bible written in Arabic.<BR/><BR/>We now return you to your regular program, already in progress.Boydhttps://www.blogger.com/profile/01669546385569304284noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1116388494043125502005-05-17T23:54:00.000-04:002005-05-17T23:54:00.000-04:00I wonder if you could use it as a basis for suppre...I wonder if you could use it as a basis for suppressing the fruits of a pretext stop, notwithstanding Whren? (i.e., the cop pulled the car over ostensibly because it failed to signal a lane change, but the real reason was to go a-fishin' on a hunch; ergo, suppress). Now THAT would really cool.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1116363620162987832005-05-17T17:00:00.000-04:002005-05-17T17:00:00.000-04:00It would depend upon who the prosecutor was and wh...It would depend upon who the prosecutor was and which judge you were before. Some judges might have a perverse enough sense of humor to make you brief that argument (all the while knowing that they weren't going to depart from normal trial procedure).Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1116357635204865572005-05-17T15:20:00.000-04:002005-05-17T15:20:00.000-04:00Probably. Head scraching, for sure. Grand Juries a...Probably. Head scraching, for sure. Grand Juries and probable cause hearings on Informations are supposed to do the same thing.Mister DAhttps://www.blogger.com/profile/12557780546647365805noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1116356080883890672005-05-17T14:54:00.000-04:002005-05-17T14:54:00.000-04:00I'm very ignorant: what would happen if you actual...I'm very ignorant: what would happen if you actually tried to use this argument in court? Laughter?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1116354505743840792005-05-17T14:28:00.000-04:002005-05-17T14:28:00.000-04:00So in West Virginia a statute which came into exis...So in West Virginia a statute which came into existence in 1275 is superceded by something which came into law in 1215?Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1116344432211935582005-05-17T11:40:00.000-04:002005-05-17T11:40:00.000-04:00Not sure how persausive W. Va. law is in the Old D...Not sure how persausive W. Va. law is in the Old Dominion, but you may want to take a look at<BR/><I>Click v. Click</I>, 28 W. Va. 419, 127 S.E. 194, 195 (1925).<BR/><BR/>There, the court observed,<BR/><BR/>"The origin of the writ of habeas corpus is lost in antiquity. Kane, J., in <I>U. S. v. Williamson,</I>, 4 Am. L. R. 5, associates it with the Roman edict de libero homine exhibendo. Several writs were used in England, prior to magna charta, to test the legality of an imprisonment, such as de odio et atia, corpus cum causa, etc. But after King John on June 15, 1215, signed the great charta at Runnymede--'a pleasant meadow by the Thames where rushes grow in the clear water of the winding river and its banks are green with grass and trees,' these other writs gave place to the summary and more efficacious writ of habeas corpus ad subjiciendum. This writ was claimed (though not always obtained) by American colonists to be their birthright as Englishmen. It has been zealously perpetuated by our federal and state Constitutions. It is regarded as 'a palladium of liberty,' and is admittedly one of "the greatest and most effective remedies known to the law." So great in fact is our veneration for this writ that our text-writers hesitate to define it in ordinary terms. Even our staid old American and English encyclopedia of law can find only Latin words with which to express a part of its definition of the Latin phrase 'habeas corpus ad subjiciendum.' " <BR/><BR/>And yes, I do have too much time on my hands.Mister DAhttps://www.blogger.com/profile/12557780546647365805noreply@blogger.com