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

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"?

Anonymous said...

Did you mean "histrionics"?

Anonymous said...

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

Kingfish said...

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

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..."

Anonymous said...

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

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?

Anonymous said...

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

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.

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]



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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!!!

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