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BIGH2001

Member Since 26 Nov 2008
Offline Last Active Yesterday, 11:34 PM
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#2946906 National Interest in Hardy just ended....

Posted by BIGH2001 on 13 September 2014 - 03:23 AM

Glad this gets hardy out of the spotlight. Peterson is an idiot who should have never procreated. Anyone who sees those pictures and fondly reminisces on their own corporal punishment is a psychopath who also should not procreate. Spanking is one thing, this is an adult not being able to control their rage and abusing a 4 year old.


#2940624 Until found guilty by a jury of your peers.

Posted by BIGH2001 on 10 September 2014 - 08:03 AM

You have a few things wrong here:

 

1. I didn't say that Hardy's team wanted to bypass the bench trial as a formality. I clearly stated that they thought they had a chance to get the charges booted on account of the accuser admitting she had used drugs that night. That miscalculation cost them.

 

2. He is not presumed innocent in the eyes of the law. Legally in his new case he will be referenced as the appellant instead of the defendant due to the fact that he has been found guilty on these charges. He is the party that is now pursuing the court to change their judgment. This is a process initiated by Hardy and his team. The legal system has made their judgment on this case and their judgment is a guilty verdict. That much is not subject to debate. Hardy obviously seeks to change that ruling by challenging it in a higher court which is his right. That does not invalidate the first ruling. Only a successful appeal can alter that fact. This isn't some odd grace period where he's in legal limbo. He's a guilty man today. The fact that the jury isn't allowed to hear about his guilt in this crime is only a means of ensuring that no bias is introduced to complicate matters. An appeal of any kind demands fresh eyes on the evidence for the first time. Any presumption of guilt or innocence is detrimental to that purpose. That does not mean that Hardy is not guilty in the eyes of the court.

 

3. What I meant regarding a jury trial being dirtier is that there will be more of an opportunity for both sides to examine the precipitating events in extreme detail and that process will involve yet more witnesses, more digging into personal lives between now and the trial, and a lot more angles being pursued to find a convincing way to present the information by Hardy's team that portrays this woman as unstable and the aggressor and an effort by the victim's team to portray Hardy as a habitual hothead and law breaker. All this time between now and the jury appeal isn't going to be spent watching Panthers highlights. His lawyers and her lawyers alike are crawling around Charlotte right now trying to find the ugliest stories they can on both parties and trying to tie it into the case. Plus, it's incredibly likely that this trial will be longer and as a result more comprehensive. There will be some liberties taken regarding what is relevant to the case if either team is trying to exhibit a pattern of behavior.

 

4. As for his chances in the appeal, I will not speculate but will concede that having lawyers more highly regarded will likely mean that every potential avenue that exists to escape out of the back door will be utilized. I don't really see that as a cause for celebration as much as a highlight of our justice system being inherently flawed in so much as high profile clients being able to push people around with their checkbooks and influence.

 

 

1.  It's not a miscalculation.  Every Defendant charged with a misdemeanor in North Carolina has a trial with a judge first, assuming they don't enter into a plea bargain.  That opportunity was taken and he was found guilty, thus the appeal.  Her drug use is certainly relevant to her memory and her perception of the events that night.  It could have been considered malpractice for his lawyers not to inquire about her recent drug use.  I am sure it will come back up before the jury.

 

2.  He is still referred to as the Defendant.  He is not an "appellant" in Superior Court and would only be referred to as an appellant if he were to lose his jury trial and go to the NC Court of Appeals.  He is also still presumed innocent.  I think you are confusing an appeal to the Court of Appeals or NC Supreme Court with an appeal to Superior Court.  He is innocent until proven guilty and the jury will be instructed as such at his trial.

 

3.  They can do all the digging they want but unless it fits into a category of actual prior convictions for criminal activity or her recent drug use that day it's not coming into evidence.  You have actually made the case for it not to come into evidence.  Hardy cannot be convicted of a crime because he is a "bad person" and goes to nightclubs every weekend, gets drunk, throws money at strippers and stays out until 4 am.  The jury isn't allowed to hear any of that because it is not relevant to the charge of which he is accused.  

 

I have been a practicing criminal defense attorney for 6 years, I think my information on this process is more informed than yours.  




#2940407 Until found guilty by a jury of your peers.

Posted by BIGH2001 on 09 September 2014 - 11:10 PM

I kinda forget all the info from when he was in court before but since I'm in Criminal Procedure this semester in law school the first thing we learned about was the general order of events from arrest through trial and I'm pretty sure that this was just a preliminary hearing which is just a screener type of court appearance where the judge makes a decision based on the current evidence whether its worth actually taking the case to trial. Greg could have waived this prelim. hearing and gone straight to the actual trial had he wanted to, Holder could have really screwed Greg by asking for and getting a grand jury review against him (which she didn't and likely couldn't). The standard of review in this prelim. hearing is probable cause which is a really low standard for Holder to have shown in order for the case to move on to the real trial. 

 

This just sounds a lot worse than it actually is. It's more like the ruling was, based on the circumstances, its reasonable that this could have happened.

 

There will be a lot more info in the real trial and if Greg has better proof of his innocence we'll see then.

 

His prior court appearance was not a probable cause hearing.  It was a trial in district court where the state has the burden of proof beyond a reasonable doubt. Defendants charged with misdemeanors in North Carolina will always start off in district court.  While their case is in district court they have the option of pleading guilty or having a formal trial before a judge. Whether the judge actually held the state to their burden of proof in Hardy's trial is debatable based on the evidence that I heard. However, it is not uncommon for district court judges in North Carolina to be more likely to hand out convictions than a jury.  The "safe" thing to do, especially in a high-profile case, is to find the Defendant guilty.  District court judges don't like being in the newspaper for the wrong reasons.  "Soft on crime" is a bad thing for these elected officials.  If a Defendant is found guilty in district court they can appeal to superior court.

 

Now that he has appealed to superior court he will have a second trial, this time with a jury deciding the facts and handing down a verdict.  The standard of guilt beyond a reasonable doubt remains the same.  In my experience as an attorney, he has a much better chance of winning his case in front of a jury than the judge especially given the flakiness of his accuser.  




#2934558 What we learned about today's game against Tampa Bay

Posted by BIGH2001 on 07 September 2014 - 06:57 PM

I never knew we had doctors on this board


The injury has to be more severe than the coaches are letting on. Otherwise he would've been playing. 7 days doesn't really make your fractured ribs fill that much better. 8 full weeks gives Cam the time for his ribs to fully heal with the smallest risk possible.




#2853404 Hardy found guilty

Posted by BIGH2001 on 16 July 2014 - 06:02 AM

Don't know how much legal technicality JR or Goodell will accept but technically an appeal of a district court decision means that the case is now "de novo" which is basically Latin for "new." The guilty verdict from the judge is cleared and everything starts over. So although he was "convicted" he hasn't legally been convicted following his appeal. If due process is truly afforded by the team and the league then they will wait for the outcome of the jury trial before taking any type of action.


#2853114 Hardy court thread : for all things that happen in court today

Posted by BIGH2001 on 15 July 2014 - 10:14 PM

Hardy should win on appeal when his lawyers have a chance to pick a jury. Flying weed doesn't make any sense and the lack of injury given the size discrepancy is a pretty big deal to a jury.

I will say as a practicing attorney that district court in North Carolina does tend to be somewhat of a joke. However, you can win trials with the right judge. This trial was not a good setup for hardy due to media publicity. District court judges are very sensitive about ending up in the paper for the wrong reasons because that usually means they don't get re-elected and they like that 9-5 job that pays 120K. No surprise the ruling was what it was.


#2798810 ESPN draft grade (Insiders) for the Panthers.

Posted by BIGH2001 on 24 May 2014 - 06:14 AM

The bottom line is that all these idiots are speculating. Only the actual general managers have all of the information. Polian is an outsider looking in on the process. His opinion is irrelevant and uninformed.


#2787030 Hardy 911 call

Posted by BIGH2001 on 14 May 2014 - 04:44 PM

 

aaaaaand here is the neighbors call.

 

Sounds like Michael Sam was at the party.




#2785114 Greg Hardy Arrested

Posted by BIGH2001 on 13 May 2014 - 07:00 PM

I'm a lawyer and regularly defend people against these charges.

It is notable to me that the police actually charged him after interviewing the girlfriend. Normally police will not charge unless there is evidence of an assault (physical marks). If there is no evidence they will tell the person to go down to the magistrate themselves if they wish to take out a charge.

Second thing is he's not going to jail for this even if convicted. He doesn't appear to have a previous criminal record and almost no one in nc goes to jail on a first offense misdemeanor.

Depending on the policy of the DAs office in charlotte, whether the girlfriend cooperates with the DA, and the nature of the assault there could be a range of options. Where I practice, sometimes the defendant will be offered community service in exchange for a dismissal of the charges at a later date. Other times a plea will be negotiated. My guess is Hardy will plead not guilty and want a trial on the charges unless he is offered a community service type deal for a dismissal.

As many have said, this charge isn't a felony which means the police did not have evidence of a "serious injury" to the girlfriend. Assault inflicting serious injury is a common felony charge that you see in a domestic situation. In my experience, the vast majority of domestic assaults are charged as assault on a female.


#2752907 Charlotte Bobcats vs. Miami Heat Playoff Series Thread

Posted by BIGH2001 on 26 April 2014 - 07:41 PM

This is not really the effort I had hoped for after a close game 2.


#2752302 Lebron makes empty threats after McRoberts Elbow

Posted by BIGH2001 on 26 April 2014 - 08:45 AM

He wouldn't have survived 80s basketball. That one foul damn near killed him. He also would not have been a very good player in the 80s because he would have needed a mid range jumper to be effective as driving the lane would have resulted in him getting crushed 10 times worse than what mcroberts did to him.

In the 80s they didn't call fouls when someone breathed on an offensive player as he drove to the basket.


#2749541 Josh McRoberts has good form

Posted by BIGH2001 on 23 April 2014 - 10:10 PM

Loved that. Earn it lebron, you little bitch.


#2746384 Worst player to ever lace up in a Panther uniform

Posted by BIGH2001 on 21 April 2014 - 10:17 PM

Olindo Mare


#2723221 How far can Big Al carry the Bobcats

Posted by BIGH2001 on 01 April 2014 - 06:23 AM

I suppose you tards enjoy losing. We could tank again and get an overrated player with the third pick in the draft and then we will have wasted another year. As a small market nba team we are doing it the right way. Sign mid level guys and have moderate success while continuing to develop the roster. A couple more successful signings and the hornets will be in the top half of the eastern conference.

A high draft pick guarantees zero and in the past decade plus it has only helped okc and Cleveland. The once in a generation players don't come along very often. This draft doesn't have any either although people continuously claim it is deep.


#2714170 No more Billick

Posted by BIGH2001 on 24 March 2014 - 05:32 AM

The morons at fox would rather subject us to the likes of Tim Ryan 8 times a year. Oh and the dancing robot that they've had since 1997.




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