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swatford

Thomas Bryant and Emmitt Holt cited for illegal alcohol posession

By swatford, in Indiana Men's Basketball

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Dalton26    16,892

Dalton26
Posted

Please don't take this personally.

I am beginning to question whether you even have a law degree.

Evidence is a 1L course. And you don't really follow the rules of evidence in your conversation style.

You don't talk like a lawyer.


Let's not even start getting personal in this thread. I understand that people are upset with the program/players, but leave the personal crap out of it.
Class of '66 Old Fart, Alford Bailey, JaybobHoosier and 4 others reacted to this

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HoosierTrav    7,729

HoosierTrav
Posted

This seems like a fairly easy couple of cases to get tossed.

In minor cases like this, sometimes it is very easy to get the state to expend a ridiculous amount of effort, money, resources on something so meaningless that they finally just drop it because they really only have a limited amount of time, money, etc.

File a bunch of motions, subpoenas, continuances, recesses aimed at causing the other side to spend time, money, manpower, etc. Create a mountain of paperwork every public official involved in the case must read. Create as much doubt as possible. Make those excise cops show up to as many hearings as possible. If busted at night, schedule a day hearing first. If they don't show, ask for dismissal because you have the right to cross examination. If they show, ask for a continuance and schedule for a different time of day. Claim class schedule for reason for night court continuance. If busted during the day, schedule a late hearing. Make them work too hard over this meaningless offense. Make them cave.

Play to win.

.

I like you. You're cool.
chicagoHOOSIER reacted to this

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Mr Baditude    22

Mr Baditude
Posted

But they did not tell you to make a judgment without even having seen the evidence, now did they.


He's assuming there's merit to the charge. You're assuming there's not. Since you're both approaching this with different perceptions of reality, what's the point of arguing?

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BGleas    7,880

BGleas
Posted
Well, that zero tolerance policy was dumb, as most are. It boxes you into a corner and leaves you no room for nuance. But, the Bob Knight zero tolerance policy really doesn't matter here. While the athletic department/Crean apparently put in a zero tolerance policy last year, I'd be surprised if that was an indefinite policy.

Zero tolerance got Bobby Knight the door

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chicagoHOOSIER    1,051

chicagoHOOSIER
Posted

I hope Emmitt Holt and Thomas Bryant take my advice and go to the law library and meet some law students who want to write a bunch of motions for them that Thomas and Emmitt can just take down to the courthouse and file and get this fight going in the right direction.

 

I wonder if those Excise Cops have a record of racial profiling.

 

It might possibly be worth the effort to look into the complaints filed against those cops and see if there is a pattern.  Often there is a pattern.

 

Like it or not, but the state of Indiana has a history of racial profiling.  Sometimes you need to probe into an officer's past and see what's there.  You never know until you look.

 

Might also be interesting to see where the officers grew up and where they went to school.

 

And look into a record of their arrests and see if there are patterns there too.

 

We are much too early in this game to lie down and start apologizing.

 

Have Bryant and Thomas even been arraigned yet?

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Stuhoo    79,566

Stuhoo
Posted

Please don't take this personally.

 

I am beginning to question whether you even have a law degree.

 

Evidence is a 1L course.  And you don't really follow the rules of evidence in your conversation style.

 

You don't talk like a lawyer.

 

 

I don't talk like as lawyer? Excellent... THAT is a huge compliment. (really!) 

 

Besides; on this site I'm not a lawyer. I'm an opinionated bonehead.

 

Also; well over 90% of criminal cases plead out. In the federal system it's over 95%. Now and then it's because the resources to fight the charges were not available, but usually it's because the case is absolutely provable and the defendant was destined to lose.

 

A minor in possession of alcohol misdemeanor is often a prima facia conviction.

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chicagoHOOSIER    1,051

chicagoHOOSIER
Posted

I don't talk like as lawyer? Excellent... THAT is a huge compliment. (really!) 

 

Besides; on this site I'm not a lawyer. I'm an opinionated bonehead.

 

Also; well over 90% of criminal cases plead out. In the federal system it's over 95%. Now and then it's because the resources to fight the charges were not available, but usually it's because the case is absolutely provable and the defendant was destined to lose.

 

A minor in possession of alcohol misdemeanor is often a prima facia conviction.

 

I was fairly certain you would not be offended, and I think I am right about that.  I am sure you have heard worse than a guy questioning your education, and whatever that was probably didn't really bother you either.

 

I am just having fun here, and offering a different perspective I believe in.

 

If this was just a simple freshman gets busted with an unopened bottle of vodka case, I would say just plead out and move on.  But because so many k(oo)ks out there are calling for the kids' heads, and Crean's, and Glass' I say fight it, and fight to win.

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MartintheMopMan    7,765

MartintheMopMan
Posted

Neither do I. A girl i know was cited for driving with a case of beer and her 21 year old boyfriend in the car. It makes no sense that only Holt and Bryant, two passengers, and not the driver got in trouble.

Minor transport laws are so stupid.

 

So are minor possession laws while we're on the subject. Who cares if a minor is holding an alcohol bottle they aren't drinking?

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Hoosierfan2017    20,821

Hoosierfan2017
Posted

I hope Emmitt Holt and Thomas Bryant take my advice and go to the law library and meet some law students who want to write a bunch of motions for them that Thomas and Emmitt can just take down to the courthouse and file and get this fight going in the right direction.
 
I wonder if those Excise Cops have a record of racial profiling.
 
It might possibly be worth the effort to look into the complaints filed against those cops and see if there is a pattern.  Often there is a pattern.
 
Like it or not, but the state of Indiana has a history of racial profiling.  Sometimes you need to probe into an officer's past and see what's there.  You never know until you look.
 
Might also be interesting to see where the officers grew up and where they went to school.
 
And look into a record of their arrests and see if there are patterns there too.
 
We are much too early in this game to lie down and start apologizing.
 
Have Bryant and Thomas even been arraigned yet?

Law students can't practice law. Those motions wouldn't be worth the paper they're printed on. A good lawyer (an IU grad) once told me the majority of his clients are guilty of something, it's up to him to figure out what it is and use the knowledge to his client's advantage.
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