Announcement

Collapse
No announcement yet.

pre-trial showing for self-defense

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • pre-trial showing for self-defense

    The Midlands Rules of Procedure apparently do not allow for any type of pretrial motions. However, State v. Darnell, 94 Mids.3d 721 (2001) requires a pretrial showing of anticipated evidence of justifiable use of force (self-defense). How should this conflict between the procedural rules and the law be resolved?

  • #2
    pre-trial showing for self-defense

    Read the new Special Instruction 8. It clear up the matter.

    Comment


    • #3
      Re: pre-trial showing for self-defense

      Originally posted by "smcrane"
      The Midlands Rules of Procedure apparently do not allow for any type of pretrial motions. However, State v. Darnell, 94 Mids.3d 721 (2001) requires a pretrial showing of anticipated evidence of justifiable use of force (self-defense). How should this conflict between the procedural rules and the law be resolved?
      NEVER MIND. My question is answered by new Special Rule 8. However, the case cite form in Special Rule 8 is wrong, assuming that Midlands uses the usual citation form, unless State v. Darnell is a VERY long case (over 700 pages).

      Comment


      • #4
        pre-trial showing for self-defense

        I posted a reply to my own post before reading NDMock's post. Thanks.

        Comment


        • #5
          pre-trial showing for self-defense

          State v. Darnell, 94 Mids.3d 3, 721 (2001)
          It looks like there are a couple of typos in the case materials. A 700 page decision would be impressive, and one I'd never want to write. Also, Balboa begins at page 3 in the same volume of the Midlands Reporter, and that decision is obviously more than half a page given that the jump cite for the holding is page 12. I'm thinking the "3" was a mistake.

          In any case, I don't expect too many mockers to be doing any Bluebooking in competition, so it shouldn't be a problem. And if there are any -- well, they're taking this a bit too seriously.
          (pun intended)

          Comment


          • #6
            pre-trial showing for self-defense

            In any case, I don't expect too many mockers to be doing any Bluebooking in competition, so it shouldn't be a problem. And if there are any -- well, they're taking this a bit too seriously.
            I concur wholeheartedly. One of the first things I've learned at law school is that Bluebooking SUCKS!!!
            [url]www.findjoshua.com[/url]

            "The joy is in the journey."
            -Frosty Westering

            Comment


            • #7
              pre-trial showing for self-defense

              Originally posted by "FundamentalPrecepts"
              In any case, I don't expect too many mockers to be doing any Bluebooking in competition, so it shouldn't be a problem. And if there are any -- well, they're taking this a bit too seriously.
              I concur wholeheartedly. One of the first things I've learned at law school is that Bluebooking SUCKS!!!
              Whazat?
              But you look too young to be a lawyer.

              Comment


              • #8
                pre-trial showing for self-defense

                I happen to love bluebooking. I currently have to do it for my Legal Research and Writing Class, Civil Pro., and Evid. Rules. Bluebook is easy once you figure it out. I am not in law school yet and I love bluebook. I am a paralegal major for those who were wondering.

                Comment


                • #9
                  Re: pre-trial showing for self-defense

                  [quote author=sjt60152 link=topic=1286.msg57165#msg57165 date=1076575330]
                  I happen to love bluebooking. I currently have to do it for my Legal Research and Writing Class, Civil Pro., and Evid. Rules. Bluebook is easy once you figure it out. I am not in law school yet and I love bluebook. I am a paralegal major for those who were wondering.
                  [/quote]

                  I am really sorry to post in this old thread, but I found a problem, there are 2 bulebooks I found in net one is about SAP gloves and other is about LAW ...

                  what are you guys talking about here ?? is it LAW one ? =)

                  Comment


                  • #10
                    Re: pre-trial showing for self-defense

                    We are talking about this bluebook.

                    Comment

                    Working...
                    X