The Brown criminal trial

[Demosthenes]

http://www.redcrayons.net/

After reading about the Browns, when I continued down and read the next article (which was quite enjoyable) it was not apparent what sentence, if any, Michael Irving ever received.
Please help the readers with another entry that describes the sentence given in that case, thanks.

Oops. Will do.

[wserra]

Dan raises an excellent point: is the standard for determining whether Elaine was subject to imminent threat of death or serious injury, so as to justify her weapon possession, an objective standard ("events as seen by a reasonable person"), a subjective standard ("events as Elaine saw them"), or a mixed standard ("events as a reasonable person in Elaine's position would see them")? If Elaine's actual belief is irrelevant, then arguably her state of mind is irrelevant, and thus even her own contemporaneous statements indicating state of mind should be inadmissible hearsay if she offers them through other witnesses.

Twenty minutes of research - all I have for now - doesn't give a definitive answer. I would go with "objective", though. The case law supports the actual language Lange requests: "During the time period alleged in the count Elaine Brown was under an unlawful and present threat of death or serious bodily injury." Not "believed she was", but "was". See, e.g., United States v. Deleveaux, 205 F.3d 1292 (11th Cir. 2000); United States v. White, 552 F.3d 240 (2d Cir. 2009). That sounds like an objective standard. If so, that's going to be exceedingly difficult to meet.

As for the discussion with JRB over state-of-mind hearsay, I don't think we're saying very different things. Iff Elaine's state of mind is relevant at all, the only witnesses who could testify to what otherwise would be hearsay were those present at the time of the charged events. Those folks clearly have a privilege to refuse to answer, and would have to be fools not to claim it.

Hmm. What else would they have to be?

[Imalawman]

Dan also raises another good point - where can we obtain said Constitution Ranger mousepads?

This should be an interesting trial. I think its unavoidable that at some time Ed will be tossed from the courtroom. Whatever they're paying his lawyer - it's not enough.

[Pottapaug1938]

Dan also raises another good point - where can we obtain said Constitution Ranger mousepads?

This should be an interesting trial. I think its unavoidable that at some time Ed will be tossed from the courtroom. Whatever they're paying his lawyer - it's not enough.

I can only think of one possible benefit to being the standby defense lawyer in this case. No matter what the rest of the lawyer's legal career is like, it is unlikely to feature a case which tries his or her patience and sanity like this one does.

[webhick]

Dan also raises another good point - where can we obtain said Constitution Ranger mousepads?

They must be handing them out as door prizes at the courthouse.

[Mr. Mephistopheles]

Dan also raises another good point - where can we obtain said Constitution Ranger mousepads?

They must be handing them out as door prizes at the courthouse.

Or hanging them in the toilet stalls....

[grixit]

Isn't Ed the only one who ever threatened Elaine?

[Demosthenes]

Updated with yesterday's stuff:

http://www.redcrayons.net/

[Demosthenes]

Today.

Best day yet.

[webhick]

Today.

Best day yet.

You managed to procure that door that ErsatzAnatchist was obsessed over?

[Dr. Caligari]

Best day yet.

Eagerly awaiting update.

[Pottapaug1938]

In the meantime, check out http://www.concordmonitor.com and read the article about the :Browns. There are some wonderfully unhinged comments from Joe Haas, which by themselves are worth the time to check out the site.

I'm about to suggest starting a pool to pick the date on which this basket case gets disbarred....

[webhick]

Haas is an attorney? In which state?

Frickintardistan*


*Shamelessly stolen from ENM

[The Observer]

Haas is an attorney? In which state?

Frickintardistan

As well as Whackistan.

[LPC]

Today.

Best day yet.

Tease.

And just to clarify/confirm: Your description of "Day 3" is your second entry for the trial, because you skipped jury selection. And although the entry is dated July 2, it's a description of the events of July 1, which was Day 3. Right?

[Gregg]

Okay, someone go drag the meloncat outta the bar and get her in front of a keyboard, I have absolutely no patience for the tease, I NEED MY FIX!



(decaf, I know, decaf)

[Nikki]

Okay, someone go drag the meloncat outta the bar and get her in front of a keyboard, I have absolutely no patience for the tease, I NEED MY FIX!



(decaf, I know, decaf)

Never, ever, do not even THINK ABOUT, step between Demosthenes and an apple martini (or other carefully chosen libation du jour).

If you are extremely lucky, all you will lose are minor body parts.

[Demosthenes]

Today.

Best day yet.

Tease.

And just to clarify/confirm: Your description of "Day 3" is your second entry for the trial, because you skipped jury selection. And although the entry is dated July 2, it's a description of the events of July 1, which was Day 3. Right?

I've edited the titles to clarify. I'm posting my notes a few hours after the events take place each night. Since I'm a night owl, I often blog after midnight (which means my mornings in court are ... unpleasant.)

[grixit]

Haas is an attorney? In which state?

Frickintardistan*

*Shamelessly stolen from ENM

Actually, i was the one who named that particular state of mind, but of course it is based on the phrase "frikin tard", which is not mine.

[Pottapaug1938]

Haas is an attorney? In which state?

State of Profound Mental Derangement. He is a resident of Schizoid County.