Around the Horn called for Hardy's suspension

[Mvp2014]

Who hasnt thrown a girl on a couch full of guns? This is absurd

[Panther53521]

girl came in, she went crazy, yada yada yada, i get arrested for domestic assault.

 

im sorry i can't understand why that sounded suspicious. 

 

well lets put it this way ... you need to keep your opinion about me to yourself.

 

what I said was the truth, of course there is no video of it, so of course its he said/she said.

 

You have your opinions and have a right to share them .... but any about me, you best grit your teeth and swallow them. 

[Panthers8969]

Quick everyone get their wives to go say Drew Brees, Matt Ryan and, you know what just those two(Bucs need all the help they can get), hit them in the arm. Then They can just hit themselves in the arm. Boom they'll both be sent to life in prison

Sent from my iPhone using CarolinaHuddle

[LinvilleGorge]

guys an appeal doesn't mean you get a redo. if you don't like the ruling you don't just get to toss your hands in the air and say "nope one more time."

you have to prove there was a procedural/legal error with the court ruling. with something like DV cases, which are designed to be solved very quickly (just for obvious reasons) a jury trial is not needed.

For those of you who think the case doesn't count because he didn't have a jury or that his rights to due process have been superseded, are you telling me that every time you've been to traffic court, or small claims court, those rulings no longer count?

Hell, in north carolina in november there's a proposal on the docket for the state to join the other 49 states in the union and allow plaintiffs facing criminal chargers to forgo jury trials altogether!

Except that you're incorrect.

http://profootballtalk.nbcsports.com/2014/09/10/hardys-case-isnt-ripe-for-nfl-discipline-yet/

"Hardy’s case remains unresolved in the legal system.  Sure, he was found guilty in a bench trial, before a judge.  But that’s simply part of the convoluted criminal procedure in North Carolina, which gives him what the lawyers call a trial de novo before a jury.  It all happens from scratch, a fresh bite at the apple.  Innocent until proven guilty."

Florio is a troll and pot stirrer more often than not but the guy is a former lawyer and is usually spot on when it comes to this type of stuff.

[Kevin Greene]

The Panthers will be in Prime Time TV in 10 days. If the NFL is going to do something I suspect it goes down before that. We'll see how much pressure the media brings.

[Fiz]

Except that you're incorrect.

http://profootballtalk.nbcsports.com/2014/09/10/hardys-case-isnt-ripe-for-nfl-discipline-yet/

"Hardy’s case remains unresolved in the legal system.  Sure, he was found guilty in a bench trial, before a judge.  But that’s simply part of the convoluted criminal procedure in North Carolina, which gives him what the lawyers call a trial de novo before a jury.  It all happens from scratch, a fresh bite at the apple.  Innocent until proven guilty."

Florio is a troll and pot stirrer more often than not but the guy is a former lawyer and is usually spot on when it comes to this type of stuff.

what in the hell north carolina

 

To remind you, misdemeanors are first tried before a judge in district court. If the defendant is acquitted, that’s the end of the case. If convicted, the defendant may appeal to superior court for a trial de novo, this time with a jury. The state saves considerable money and time in prosecuting misdemeanor cases because the district court trial is without a jury or court reporter and most defendants accept the verdict there, while the constitutional right to a jury is preserved by the option of carrying the case to superior court.

 

But what exactly is a trial de novo? It doesn’t take much Latin to understand that de novo means new, so the concept is a new trial. It’s still an appeal, though, so does that limit how new the new trial is to be?

The answer is no. The most commonly stated explanation of appeal to superior court for a trial de novo is that “it is as if the case had been brought there originally and there had been no previous trial.” State v. Sparrow, 276 N.C. 499, 507 (1970). Or, put another way, “The judgment appealed from is completely annulled and is not thereafter available for any purpose.” Id. The appeal to superior court, unlike an appeal to the Court of Appeals or Supreme Court, is not an appeal on the record. It is not an appeal based on error in the district court; it is an appeal of right. The appeal is available even if the defendant pled guilty in district court. “It is a new trial as a matter of absolute right from the beginning to the end. It totally disregards the plea, trial, verdict, and judgment of the District Court.” State v. Brooks, 287 N.C. 392, 405 (1975).

 

The United States Supreme Court has characterized the verdict in the lower court in a trial de novo system as “no more than an offer in settlement” of the state’s case. Colten v. Kentucky, 407 U.S. 104, 119 (1972). The defendant is free to either accept the offer or appeal and seek the decision of a jury in superior court. As the North Carolina Supreme Court has said:

 

http://nccriminallaw.sog.unc.edu/?p=4288

[Fiz]

lol this is seriously the stupidest thing but this is funny

 

The second Court of Appeals opinion, the unpublished one, however, is hazier on the trial de novo concept. In re Foster involved an Asheville lawyer who apparently missed all those classes on professionalism and civility and also apparently learned just enough about the First Amendment to think she could say anything she wanted anytime she wanted. She got this case started by repeatedly cursing a magistrate at the county jail, generously mixing in the f-word with other insults. The magistrate responded by summarily holding the lawyer in criminal contempt (and then overreacted by setting a $10,000 cash-only bond when the lawyer announced she was appealing the contempt).

[LinvilleGorge]

what in the hell north carolina

http://nccriminallaw.sog.unc.edu/?p=4288

This is why NC's legal system is so fuged up. The bench judge trial is essentially a grand jury. Unless you're just horrendously false accused, you're gonna be found guilty because it's not so much a guilt/innocence thing, it's essentially a trial to figure out if the case is worthy of being presented to a jury.

[LinvilleGorge]

lol this is seriously the stupidest thing but this is funny

Is it starting to make sense now?

The NC legal system is a joke. Not quite on the level of Florida, but pretty damn bad.

[frash.exe]

Now after reading all that, my next question is, would there be a tendency for a judge in nc to err on the side of a guilty verdict in a DA case because of the presence of "trial de novo", because it offers an extended evaluation of the case, especially when there's not enough to go by in the way of evidence besides one person' word against another?

[Fiz]

This is why NC's legal system is so fuged up. The bench judge trial is essentially a grand jury. Unless you're just horrendously false accused, you're gonna be found guilty because it's not so much a guilt/innocence thing, it's essentially a trial to figure out if the case is worthy of being presented to a jury.

only if the person has the means to appeal

 

furthermore what's the point in specially signifying domestic violence (misdemeanor 1a in nc) if they can just appeal for a new trial? they have de novo in georgia but it's for insignificant poo like small claims. 

 

and if the jury trial doesn't go the way he wants he can still appeal that!

[LinvilleGorge]

only if the person has the means to appeal

furthermore what's the point in specially signifying domestic violence (misdemeanor 1a in nc) if they can just appeal for a new trial? they have de novo in georgia but it's for insignificant poo like small claims.

and if the jury trial doesn't go the way he wants he can still appeal that!

For the jury trial, he would actually need to have legal grounds for an appeal.

[Porn Shop Clerk]

 

 

[Fiz]

For the jury trial, he would actually need to have legal grounds for an appeal.

You mean past the trial he's getting next year? He could file for appeal and draw out the hearing, but at that point it'd be in his best interest to just go to jail for 60-90 days. 

 

this is so fuging stupid