McCollough indicted

#128
#128
walkenvol said:
I don’t know anything about the law, but if some wasted stranger comes into my home I would feel threatened no matter what he said. JMO TIFWIW AARP
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Of course. So would I. But he left the apartment. The jury has to decide if there was still a threat. Glad I don't.
 
#129
#129
ClearwaterVol said:
He threatened to go back in. Just because Tank was not intimidated doesn't require him to give a free pass to his loved ones.
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Threatening to go back in doesn't make any sense. What was he going to accomplish by going back in? He had to know he would get his ass kicked if he did that. I believe the defense attorney came up with that to try and justify self-defense. If Spencer is in the curtilage making threats, then self defense applies.
 
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#130
#130
GoVols1961 said:
Threatening to go back in doesn't make any sense. What was he going to accomplish by going back in? He had to know he would get his ass kicked if he did that. I believe the defense attorney came up with that to try and justify self-defense. If Spencer is in the curtilage making threats, then self defense applies.
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Who is Spencer to you?
 
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#131
#131
white65 said:
Who is Spencer to you?
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Nobody. Never heard of him before this case. I don't put a lot of stock in the word of an intoxicated idiot. I'm going by testimony of McCollough and Burrell. Also the questions and comments of the prosecutor, defense attorney, and even the judge. It's like figuring out a mystery. Trying to figure where the defense is going with this. Where the prosecution is going with it. It's just a game. No offense intended towards anyone.
 
#134
#134
GoVols1961 said:
Threatening to go back in doesn't make any sense. What was he going to accomplish by going back in? He had to know he would get his ass kicked if he did that. I believe the defense attorney came up with that to try and justify self-defense. If Spencer is in the curtilage making threats, then self defense applies.
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Your trying to make sense of drunk behavior? It makes no sense that someone that drunk actually remembers his actions
 
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#136
#136
It seems there is a lack of info about what happened outside.

I don't think McCullough's statement about Spencer not being especially threatening hurts his defense much.
Jurors will place themselves in McCullough's shoes and have some understanding.

Always a good chance to plead to a misdemeanor and pick up trash for a few weekends after the football season ends.
 
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#141
#141
#1fulmerite said:
UT football player Jaylen McCollough indicted in October apartment incident

SIAP

So, there was enough evidence to make a/the judge believe the jury should decide the case.?.?

Seems to me he believed the victim over McMollough and roommate. I wonder if the prosecutor pressured the witness enough that story changed. I feel bad for all involved!
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Before you post your legal opinions, go look up what an indictment is ! It is a Grand Jury decision.

Come on man - leave your tv law and order bs at home.
 
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#142
#142
To make it clear to any that dont get it. All an indictment means is that an DA has a hardon for you. Outside of federal indictments they don't mean much. If the feds indict you youre pretty much toast because they are bot gonna even bother unless they yave enough of a case to bury you. At state and local levels its a totally different story.

A personal story a little over 10 years ago I was going through a divorce and ended up in a physical altercation with the guy the ex was seeing. Hed initiated it and finished it. All was good. Police were called well after the fact by neighbors. Everyone involved, me the ex the dude were all fine no injuries no one wanted to press charges. Nosy neighboor who wasnt anywhere near the incident gave some nutty statement to police. I was arrested, indicted and spent 9 months in jail until charges were dropped. At no point did wither of my "victims" press charges or make statements against me in fact the exact opposite. But some random azz DA had some kind of agenda I guess. Lucky for me i'd done nothing wrong and rode it out. The justice system looks way different when youre on the other side of it. Especially if you belong to certain groups.
 
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#143
#143
patrick said:
Before you post your legal opinions, go look up what an indictment is ! It is a Grand Jury decision.

Come on man - leave your tv law and order bs at home.
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Did I state that the judge believed there was sufficient evidence or did I state it seems to me?
 
#144
#144
#1fulmerite said:
Did I state that the judge believed there was sufficient evidence or did I state it seems to me?
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The judge at the preliminary hearing bound the case over to the grand jury. The grand jury then returned a true bill (indictment). It's not really about who was believed. The petit jury will have to figure that out.
 
#145
#145
pimo1 said:
To make it clear to any that dont get it. All an indictment means is that an DA has a hardon for you. Outside of federal indictments they don't mean much. If the feds indict you youre pretty much toast because they are bot gonna even bother unless they yave enough of a case to bury you. At state and local levels its a totally different story.

A personal story a little over 10 years ago I was going through a divorce and ended up in a physical altercation with the guy the ex was seeing. Hed initiated it and finished it. All was good. Police were called well after the fact by neighbors. Everyone involved, me the ex the dude were all fine no injuries no one wanted to press charges. Nosy neighboor who wasnt anywhere near the incident gave some nutty statement to police. I was arrested, indicted and spent 9 months in jail until charges were dropped. At no point did wither of my "victims" press charges or make statements against me in fact the exact opposite. But some random azz DA had some kind of agenda I guess. Lucky for me i'd done nothing wrong and rode it out. The justice system looks way different when youre on the other side of it. Especially if you belong to certain groups.
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9 months? Damn, hope your life got back on track afterwards. Job, home....the legal system can screw up lives, and "my bad" don't begin to fix it.
 
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#146
#146
titansvolsfaninga said:
9 months? Damn, hope your life got back on track afterwards. Job, home....the legal system can screw up lives, and "my bad" don't begin to fix it.
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Yup I got everything sorted after took a couple years but since I have no record it was fairly easy. I could have gotten out in weeks had a taken a really bad plea. It became a waiting game and they blinked first. I did have to most cases end in plea deals and honestly most DA's base what they do on that.. they don't care if you did it or not. Unless its something in the papers they do not want to go to trial.. they want to plea out because they literally couldn't try even 30% of cases if they wanted to. We live in the most litigious country in the world. Some fun facts

There are more than 1.35 million lawyers currently operating in the US.
This is almost the same as India, which has a little over a billion more people than the US.

At the moment, there are over 1.35 million attorneys in the US; in fact, this number tops any other country in the world. Now, considering the smaller population in the US (compared to India), the current number of lawyers in the US equals to 1 lawyer for every 246 Americans.

There are only 300,000 lawyers (or 1 lawyer for every 4,620 inhabitants) in China.
With almost 1.5 billion people, the 300,000 lawyers in China are simply not enough; the ratios are far worse than those of the US with only 1 lawyer for every 4,620 inhabitants. What’s more, according to the lawyer statistics from the Far East, there’s a 9.5% growth rate in the country for the past few years.

There are 140,000 solicitors in the UK.
In 2009, the United Kingdom used to have about 118,000 solicitors or solicitor 1 for every 527 inhabitants. However, today, the number of solicitors has rapidly increased to well over 140,000.
 
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#147
#147
pimo1 said:
Yup I got everything sorted after took a couple years but since I have no record it was fairly easy. I could have gotten out in weeks had a taken a really bad plea. It became a waiting game and they blinked first. I did have to most cases end in plea deals and honestly most DA's base what they do on that.. they don't care if you did it or not. Unless its something in the papers they do not want to go to trial.. they want to plea out because they literally couldn't try even 30% of cases if they wanted to. We live in the most litigious country in the world. Some fun facts

There are more than 1.35 million lawyers currently operating in the US.
This is almost the same as India, which has a little over a billion more people than the US.

At the moment, there are over 1.35 million attorneys in the US; in fact, this number tops any other country in the world. Now, considering the smaller population in the US (compared to India), the current number of lawyers in the US equals to 1 lawyer for every 246 Americans.

There are only 300,000 lawyers (or 1 lawyer for every 4,620 inhabitants) in China.
With almost 1.5 billion people, the 300,000 lawyers in China are simply not enough; the ratios are far worse than those of the US with only 1 lawyer for every 4,620 inhabitants. What’s more, according to the lawyer statistics from the Far East, there’s a 9.5% growth rate in the country for the past few years.

There are 140,000 solicitors in the UK.
In 2009, the United Kingdom used to have about 118,000 solicitors or solicitor 1 for every 527 inhabitants. However, today, the number of solicitors has rapidly increased to well over 140,000.
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This is enlightening.
I had to choose between law school in Knoxville or become a teacher at age 40 (laid off, single, retired USAF, and had a nest egg). I decided to make the world better by teaching. I only regret my decision on payday.

I think the stats for China aren't as informative as the stats for the USA and UK. Lawyers in China are doing a kind of Kabuki ceremonial dance.
They don't prosecute the innocent in China. Defendants' fates are already decided.
Chinese conviction rates are over 99.9%.

When an innocent verdict is reached in a courtroom, it is actually a big news story.
Most of those Chinese lawyers are probably corporate and international specialists.
 
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#148
#148
pimo1 said:
To make it clear to any that dont get it. All an indictment means is that an DA has a hardon for you. Outside of federal indictments they don't mean much. If the feds indict you youre pretty much toast because they are bot gonna even bother unless they yave enough of a case to bury you. At state and local levels its a totally different story.

A personal story a little over 10 years ago I was going through a divorce and ended up in a physical altercation with the guy the ex was seeing. Hed initiated it and finished it. All was good. Police were called well after the fact by neighbors. Everyone involved, me the ex the dude were all fine no injuries no one wanted to press charges. Nosy neighboor who wasnt anywhere near the incident gave some nutty statement to police. I was arrested, indicted and spent 9 months in jail until charges were dropped. At no point did wither of my "victims" press charges or make statements against me in fact the exact opposite. But some random azz DA had some kind of agenda I guess. Lucky for me i'd done nothing wrong and rode it out. The justice system looks way different when youre on the other side of it. Especially if you belong to certain groups.
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\
Stories like yours are so scary.
I am incredibly happy it didn't ruin your life. I think stewing in a jail when I did nothing wrong would drive me insane. Literally. It must have been challenging to move on and let it go later.

It really bothers me how many inmates are proven innocent by the various Innocence Projects who were convicted due to prosecutorial misconduct or lack of effort by DA's.
And the kicker is even with a preponderance of evidence, it takes a decade or longer to get those people released. Appellate courts usually refuse release. And prosecutors argue they should remain in prison for reasons other than being guilty. Innocence Project work suggests @5% of inmates are innocent; far too many. The main cause is eyewitness error.

I served on a jury for two drug cases, and only one other juror and myself even cared whether they actually did it or not. The statement, "If they didn't do this, they've done a lot of other things they got away with, so I say guilty" was thrown around multiple times in the jury room by multiple jurors. I was very disappointed by the evidence the police offered. We didn't even get as much as a photo of the drugs, just a written report and the detective's personal testimony.
 
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#149
#149
SpookyAction said:
\
I served on a jury for two drug cases, and only one other juror and myself even cared whether they actually did it or not. The statement, "If they didn't do this, they've done a lot of other things they got away with, so I say guilty" was thrown around multiple times in the jury room by multiple jurors. I was very disappointed by the evidence the police offered. We didn't even get as much as a photo of the drugs, just a written report and the detective's personal testimony.
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This is a very overlooked fact. Juries are in a lot of cases popularity contests. It's really about how they view the involved parties and their lawyers. Things as simple as the wrong haircut, a butthole lawyer, not looking innocent enough. Those can all the difference. Most juries are sadly our peers...sounds good till you realize that 90% of people are not that smart. Tank is in a good situation as he's a pretty clean-cut guy, will likely have a decent lawyer and unless some miraculous evidence thats not been put out there comes up, the case against him is VERY weak.
 
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