(07-01-2013 04:31 PM)He1nousOne Wrote: (07-01-2013 09:19 AM)TerryD Wrote: Every lawyer I know has been a victim or beneficiary of "home cooking" by a judge and/or jury many times during their careers.
The degree of home cooking and whether an appellate court will remedy that home cooking (for judicial abuse of discretion and decisions "outside the box") or not (and to what degree) is unknown and uncertain.
Judge's decisions on what evidence and testimony is allowed or excluded, on objections sustained or denied, on jury instructions, etc...are given a fair amount of leeway by appellate courts and shape the nature of a jury trial in many instances.
This case, I would think, will be ultimately decided by a jury of North Carolina citizens. Their decision will have to be reviewed for abuse of discretion the same as the judge's decisions on things listed in the above paragraph.
Appellate courts do not retry the case. They cannot consider evidence or issues not submitted or raised at the trial court level. In almost every instance, they cannot substitute their opinions for that of the judge or jury.
They can only review the case for legal error or abuse of discretion by the lower court.
"Forum shopping" is an old tradition in the legal system. Many times there is a "race to the courthouse" and motions to change venue or attempts to remove cases to Federal court (within thirty days of service of process on a defendant) to gain an advantage and to mitigate that concern, respectively.
What overall affect this will have on the ACC/Maryland case remains to be seen.
This is a court case that has gotten the DA of Maryland involved. If you think the everyday rules of corruption in court apply in this case then you are dead wrong. Perhaps some of your ACC cheerleaders think this post of yours was smart and it was but it was irrelevant. There is no way that a "home cooked" court verdict happens and then the story is over.
That is truly laughable TerryD. Dont go sellin everyday court cases that most folks dont know about or care about to a massively public case that involves multiple public universities and their athletic conferences. There is no way a Judge will be as loose in the seat for this case as he would be for an average case.
You are laughable.
First, a DA is a county official. Do you mean the Attorney General of Maryland?
Big deal. I am aligned with two different state Attorney Generals in two different cases right now.
One is a civil RICO case. The other is an anti-trust case potentially involving a greater amount of money than this one.
My opponents are not quaking in their shoes. I wish that they were.
Second, I was making generic statements about trial and appellate courts.
Third, this is nothing about court corruption. This is just about how courts work, period.
Fourth, I don't give a **** one way or another how this case ends up. I don't care if the ACC gets one nickel. It is irrelevant to me.
It would only be relevant or important to me if I was the one personally trying to get the money or the one personally having to potentially pay it.
This is an average case to a court. It is only more important to internet fan boys like you.
Courts handle more important cases with more public scrutiny than this often.
You know absolutely nothing about judges, juries and court systems. Do you have a law degree? How long have you been a lawyer? How many jury cases have you tried?
The jury will decide this (if it goes to trial, which I doubt. It will likely settle). Ordinary North Carolina citizens. Do you even know this?
You are completely out of your league.
Go play in your Big Ten sandbox.
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Maryland case against ACC stayed pending ACC lawsuit in North Carolina
