Login required to started new threads

Login required to post replies

Attorneys Corner - Nichols Case
Quote | Reply
This is to discuss the legal maneuvering with regards to the case and nothing more. Don't give a crap what really happened. Prosecution wants a conviction, defense wants an aquittal. Let me kick it off with the first question.

#1) It took 3 days for the victim to die. What if expert witness is contradictory as to the cause of death and its direct correlation to the arrest. How would this play into the main charge of murder in the second degree? What would / could be allowed in regards to the victims health history etc.
Quote Reply
Re: Attorneys Corner - Nichols Case [TravelingTri] [ In reply to ]
Quote | Reply
The beating out him in the hospital where he died.

That’s enough.

But if any of these go to trial there would be an expert witness terrifying to what you said whether he died 1 minute or 3 days after
Quote Reply
Re: Attorneys Corner - Nichols Case [TravelingTri] [ In reply to ]
Quote | Reply
TravelingTri wrote:
This is to discuss the legal maneuvering with regards to the case and nothing more. Don't give a crap what really happened. Prosecution wants a conviction, defense wants an aquittal. Let me kick it off with the first question.

#1) It took 3 days for the victim to die. What if expert witness is contradictory as to the cause of death and its direct correlation to the arrest. How would this play into the main charge of murder in the second degree? What would / could be allowed in regards to the victims health history etc.

Do you give a crap out determination of fact (or expert opinion) or not? I'm not a lawyer, but seeking some degree of truth about "what really happened," would, I hope, be a key factor in properly adversarial legal proceedings.
Quote Reply
Re: Attorneys Corner - Nichols Case [TravelingTri] [ In reply to ]
Quote | Reply
What is admissible depends a lot on what sort of credible theories the defense has. If the defense has no credible theory for how he died, other than the beating, they'd be limited in what sort of evidence they could admit. They can question and challenge the prosecution's theory of causation, but they can't just bring in their own experts to testify to some alternative theory unless those experts have some credible basis for that theory.

Assuming that the defense has some credible theory of alternative cause of death, then they'd get wide latitude to admit into evidence the relevant medical records and expert opinions.

Also, if you're thinking that the defense can argue that better medical care would have saved the victim's life, that's a very difficult argument. I don't know TN law but, in general, if you put someone in the hospital, you're going to have a hard time arguing that it was the doctors' fault that the patient didn't survive. That is part of the risk you take when you beat someone.
Quote Reply
Re: Attorneys Corner - Nichols Case [ike] [ In reply to ]
Quote | Reply
ike wrote:
What is admissible depends a lot on what sort of credible theories the defense has. If the defense has no credible theory for how he died, other than the beating, they'd be limited in what sort of evidence they could admit. They can question and challenge the prosecution's theory of causation, but they can't just bring in their own experts to testify to some alternative theory unless those experts have some credible basis for that theory.

Assuming that the defense has some credible theory of alternative cause of death, then they'd get wide latitude to admit into evidence the relevant medical records and expert opinions.

Also, if you're thinking that the defense can argue that better medical care would have saved the victim's life, that's a very difficult argument. I don't know TN law but, in general, if you put someone in the hospital, you're going to have a hard time arguing that it was the doctors' fault that the patient didn't survive. That is part of the risk you take when you beat someone.

If this was Canada you'd have a plausible Euthanasia defense
Quote Reply
Re: Attorneys Corner - Nichols Case [ike] [ In reply to ]
Quote | Reply
Exactly the type of discussion I was looking for, thanks. One thing I am wondering is HIPPA and the defense. Will they be able to obtain the entire hospital report relatively easily or will it be difficult for them. Of course the defense wants to know everything but I know how heavily medical privacy is enforced. What about in the case of criminal proceedings? Where does the defense even start.
Quote Reply
Re: Attorneys Corner - Nichols Case [trail] [ In reply to ]
Quote | Reply
trail wrote:

Do you give a crap out determination of fact (or expert opinion) or not? I'm not a lawyer, but seeking some degree of truth about "what really happened," would, I hope, be a key factor in properly adversarial legal proceedings.

Unfortunately I believe that when a case goes before a jury of peers "what really happened" becomes completely obscured by a thousand legal gobbledygooks that,.... well..... I am not sure what to say. How long is a piece of string?

I understand the outrage and passion that surrounds this case. Outrage and passion will not be a part of the instructions sent to the jury. It will be based on statute and case law, and the evidence presented.
Quote Reply
Re: Attorneys Corner - Nichols Case [windywave] [ In reply to ]
Quote | Reply
ahh Windy, you must be in jest. I will defer any response to avoid inflammation and keep this post on topic.
Quote Reply
Re: Attorneys Corner - Nichols Case [TravelingTri] [ In reply to ]
Quote | Reply
TravelingTri wrote:
Exactly the type of discussion I was looking for, thanks. One thing I am wondering is HIPPA and the defense. Will they be able to obtain the entire hospital report relatively easily or will it be difficult for them. Of course the defense wants to know everything but I know how heavily medical privacy is enforced. What about in the case of criminal proceedings? Where does the defense even start.

They'll get the whole medical history
Quote Reply
Re: Attorneys Corner - Nichols Case [TravelingTri] [ In reply to ]
Quote | Reply
TravelingTri wrote:
ahh Windy, you must be in jest. I will defer any response to avoid inflammation and keep this post on topic.

It was not in jest but I'll respect the desire to stay on topic
Quote Reply
Re: Attorneys Corner - Nichols Case [TravelingTri] [ In reply to ]
Quote | Reply
TravelingTri wrote:
Exactly the type of discussion I was looking for, thanks. One thing I am wondering is HIPPA and the defense. Will they be able to obtain the entire hospital report relatively easily or will it be difficult for them. Of course the defense wants to know everything but I know how heavily medical privacy is enforced. What about in the case of criminal proceedings? Where does the defense even start.

HIPAA has an exception where the records are needed for law enforcement. In addition, even without that exception, the deceased’s representative would have the power to give the records to help the govt prove its case. Either way, Windy is right, the hospital records would get turned over and the govt has an obligation to share them with the defense.
Quote Reply