Thursday, August 13, 2009

Irby update

The Irby file is back home after taking a little vacation in Judge Green's office. It was just a week-long trip and no word if it received the spa treatment or got a sunburn. However, there was one new thing filed and that was defense attorney Joe Holloman's response to the State's Motion to Compel Testimony. The response is only one page and unlike Ms. Binder's earlier response, has no histrionics nor wild accusations against the prosecution, it just concisely states his objections: the State has no statutory authority nor "procedural basis" to compel a witness to testify.

Copy of response

Posted by Kingfish at 8:39 AM

10 comments:

Anonymous said...

Best check out that case cited, KF...not so sure it's on point.

Also, I'm still interested in the " material witness" language the prosecuter used.

Doesn't Stuart fit the legal definition of a " material witness"?

August 13, 2009 at 9:08 AM
Anonymous said...

Did you mean "histrionics"?

August 13, 2009 at 9:30 AM
Anonymous said...

Can the information held by a material witness to a depraved heart murder be considered privileged and confidential?

August 13, 2009 at 9:33 AM
Kingfish said...

Haven't read case yet. You talking about the one from the 8th Circuit?

August 13, 2009 at 9:35 AM
Anonymous said...

You legal experts amaze me. Everybody on this and other sights seem to forget our basic Miranda rights. "You have the right to remain silent..."

August 13, 2009 at 9:43 AM
Anonymous said...

Miranda only applies to the accused, and not necessarily to a witness

August 13, 2009 at 9:51 AM
Anonymous said...

I think Mr. Holloman can prevent the pretrial testimony, regardless of the case he cited. I don't know, perhaps a more keen legal mind could provide insight.

But...

In the same breath in that case, Section 3144 provides:

If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section 3142.

If he resists too much in giving a deposition - would you call both actions to date "practicable attempts to prevent testimony"? If Mr. Irby were found to run afoul of this...Is jail and held by the state a possiblity?

August 13, 2009 at 10:51 AM
Anonymous said...

Wouldn't that be sweet. Betcha Sheriff Campaign Contribution would set him up with some real nice digs.

August 13, 2009 at 10:57 AM
Curt Crowley said...

Section 3144 does not apply in this case. That section pertains to federal criminal cases, not cases in state courts.

Under MS law, the term "material witness" is used in the Uniform Witness Attendance Law, which is likewise inapplicable to this case.

Other than that, the fact that a person is a "material witness" has little, if any, significance under MS law. I suspect the prosecutor used that phrase colloquially.

The notion that law enforcement can detain someone as a "material witness" is mainly nonsense from police TV shows.

August 13, 2009 at 11:22 AM
Anonymous said...

You indeed can detain a witness in Mississippi via a "writ of attachment", but its limited to use after a witness defies a properly served subpoena and fails to appear.

Also, a witness can be detained if they refuse to answer lawful questions and is thereafter held in contempt. [lawful question = one not subject to a privilege]

August 13, 2009 at 12:46 PM

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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

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Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.

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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS.