Rivera on Hardy

[SCP]

Per the League's current stated policy, he's actually correct.

Whether or not they'd amend that? Unknown.

During NFL breast cancer awareness month? Doubt it

[ickmule]

Bring Hardy back, screw what the media thinks.

[duke11693]

PLEASE BRING HIM BACK

[ZeroZeroSeven]

Rivera, Gettleman or whoever just needs to pull a Jim Calhoun with the media with regards to Hardy...

"My advice to you is, shut up."

"Get some facts and come back and see me."

[B.BERSIN]

And here I thought Rivera didn't keep in touch with his players.

 

I'm amused trying to imagine Chuck Noll, Tom Landry, Hank Stram or Vince Lombardi texting

 

I also don't know why texting is a major way to contact with people now. Calling someone to talk about it with true words will be better IMO.

[Mr. Scot]

I also don't know why texting is a major way to contact with people now. Calling someone to talk about it with true words will be better IMO.

 

I prefer talking too, but I'm in my forties.

 

 

[PandaPancake]

I also don't know why texting is a major way to contact with people now. Calling someone to talk about it with true words will be better IMO.

Because you don't want to anger the man on his 3 month bender

[Floppin]

No, he is NOT guilty NOR does he have a conviction on his record. Misinformed people are exactly why we are in this situation right now. Also the NFL can't suspend him for it now since they didn't suspend him then. AND even if they did suspend him you don't think he is going to pay a boat load for his lawyers to sue once he starts losing $700,000 game checks by the week fraudulently, and purely because of media pressure? No.

For someone railing on others for being misinformed, you sure are spewing a bunch of nonsense.

Hardy was convicted and he does have a conviction on his record, by virtue of a bench trial. He has appealed this decision to a trial by jury but in the meantime his conviction stands until otherwise changed.

What you're saying is basically that anyone convicted by a bench trial could just refrain from appealing a conviction and walk away with no permanent record of having been convicted, which is unequivocally false.

The appeal process isn't automatic, he had to file otherwise the conviction would 100% stand indefinitely.

[WOW!!]

For someone railing on others for being misinformed, you sure are spewing a bunch of nonsense.

Hardy was convicted and he does have a conviction on his record, by virtue of a bench trial. He has appealed this decision to a trial by jury but in the meantime his conviction stands until otherwise changed.

What you're saying is basically that anyone convicted by a bench trial could just refrain from appealing a conviction and walk away with no permanent record of having been convicted, which is unequivocally false.

The appeal process isn't automatic, he had to file otherwise the conviction would 100% stand indefinitely.

Actually you're wrong. Once he put in for a jury trial the previous judgement is non and void and isn't on the books.

[bandu]

Greg Hardy can remand his district court sentence on 11-17-14.while in superior court.so, the guilty verdict at this juntcure or point of time,definetly exsist.

[Floppin]

Actually you're wrong. Once he put in for a jury trial the previous judgement is non and void and isn't on the books.

Not until officially remanded in superior court.

[Rise of The Hive]

This DE has been like a nightmare all season.

[CPantherKing]

For someone railing on others for being misinformed, you sure are spewing a bunch of nonsense.

Hardy was convicted and he does have a conviction on his record, by virtue of a bench trial. He has appealed this decision to a trial by jury but in the meantime his conviction stands until otherwise changed.

What you're saying is basically that anyone convicted by a bench trial could just refrain from appealing a conviction and walk away with no permanent record of having been convicted, which is unequivocally false.

The appeal process isn't automatic, he had to file otherwise the conviction would 100% stand indefinitely.

 

The defendant has all the power in a bench trial. They choose to literally sign off on the verdict, which would put a conviction on the books, or not sign off on the verdict and accept a 'trial de novo', which means the trial is null and void and the case moves on to superior court where he will get a jury trial. This bench trial forces the state to reveal all their evidence for the defense to prepare for the jury trial.

 

There is NO CONVICTION on the books for Hardy if he chose not to agree with the verdict and the punishment by chosing a 'trial de novo' over the settlement proposed by a district court bench trial.

 

Now, if he were to be found guilty in superior court with the jury trial and chose to appeal to the supreme court, then you are correct with the appeals process you are mentioning in your post. You need to understand the purpose of each phase of the judicial system and the differences in appeals processes for each stage.

 

You are thinking of the wrong type of appeals process. This appeal process from a district court ruling is termed 'trial de novo'. This means that the Bench trial NEVER existed in the eyes of the courts. Let me quote this since others will disagree with me if I use my own words.

 

"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.”

 

"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:

 

"The purpose of our de novo procedure is to provide all criminal defendants charged with misdemeanor violations the right to a ‘speedy trial’ in the District Court and to offer them an opportunity to learn about the State’s case without revealing their own. In the latter sense, this procedure can be viewed as a method of ‘free’ criminal discovery.

 

"Brooks, 287 N.C. at 406.

 

"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."

 

- http://nccriminallaw.sog.unc.edu/trial-de-novo/

 

Feel free to read it all. Refer people to this if they do not want to read the statutes set forth by the State of North Carolina.

 

Now can we stop saying he was found guilty? The bench trial is meaningless unless the defendant agrees to the ruling. A bench trial is essentially a plea bargain stage of the NC judicial system.

 

Remember the term "trial de novo" and use it when someone opens their trap about Hardy being found guilty.

[CPantherKing]

Not until officially remanded in superior court.

 

Superior courts do not remand district court decisions. Superior courts view district court decisions as though they never existed on day one.

 

Now an appellate court or supreme court can remand a superior court's decision.

 

District courts have no power over a defendant. They cannot even touch the defendant with any action outside of contempt unless the defendant agrees to the district court judgement with their John Hancock.