??? What clinics do you “guess” I’ve been to?
The two legal professionals with different opinions on whether the issue of his shooting her will or won’t be relitigated in the civil trial are @ekat and @omare.
I don’t remember either one have a “hissy fit” over “not guilt charges”. (What are “not-guilty charges”, anyway?)
- Ekat insists that nothing from the criminal trial carries over to the civil trial.
- Omare seemed to suggest that by the principle of collateral estoppel, the issue of whether he shot her cannot be relitigated in the civil trial.
- I can entertain the possibility that even if the defense could relitigate the issue, as Ekat asserts, the defense might choose strategically to not relitigate it.
Are you going with door #1 for yourself?
Do you object to others contemplating and discussing doors #2 and #3?
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You seem to be forgetting @lazaret in this discussion. She’s weighed in on this more than a few times too.
I don’t get why you want to “discuss” this again. There’s no purpose. You believe what you will. I guess we will see how that works out.
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Is @lazaret s position the same as yours?
@omare recently brought up the issue of collateral estoppel, suggesting that that principle or finding would prevent relitigation of the issue of whether he shot her.
It’s a discussion board. Since the legal professionals have posted different opinions on the issue, this is an open question for discussion.
Well, here’s one example. I’ll let you judge.
It’s been discussed. Repeatedly. You don’t agree with at a minimum, my position. I have no interest in going around in further circles with you.
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Maybe we can declare this thread a no lunging zone.
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Damn, I am being so good!
The amount of prevarication on this thread today is ridiculous.
I can promise that members of the Elderly Illegal Mob do not and have not lied, misled or misconstrued anything. I also doubt Michael Barisone is paying any law clerk/vacuumer to troll these threads for any information!!! Once again someone thinks these threads are very accurate and powerful and are worried about something.
Next step in the oft repeated agenda is to threaten subpoenas or law suits.
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Thank you for posting the statement by lazaret, which does seem consistent with your position.
Omare seemed to bring up the possibility that since the standard of proof in the civil trial was different but lower than the standard of proof in the criminal trial, that possibility it would apply.
No, it’s not that I disagree with your position. Prior to Omare bringing up the possibility of collateral estoppel, I was persuaded by your statements that nothing from the criminal trial automatically carries over. My position is that even if the defense could relitigate the issue, as a matter of strategy, the defense would choose not to, on the grounds they were unlikely to succeed and going over the same ground would give the plaintiff the opportunity to play the 911 call, etc.
There are three defendants in this case, and to some degree the civil trial will involve SGF and MB jockeying to shift liability from one to the other. Since it is undisputed that LK was shot and injured on property owned by SGF, I don’t see how it advances their case to try to dispute that MB shot her.
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But what you can conceive of is so limited. Why wouldn’t they dispute it? She can’t prove he did. She can’t even prove he brought the gun to the scene. In fact, she implies that the gun was in her possession, taunting people that she knew it was missing and where it was. So there’s a realllllyyyyy big chance that MB et al will absolutely challenge that he shot her. In fact that’s probably the first thing they’ll go after her for.
But you keep on telling yourself he won’t.
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Note to self: Carefully reconsider list of invitees to Thanksgiving. I’m thinking that Couple X, who had no restraint in starting a tirade on abortion last year might be happier staying home.
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Interesting.
Re bolded. I thought I was being accused of “being dispatched” to troll, actually the word was “fishing”, for information.
It’s also repeatedly speculated that my reappearance portends that something is upsetting the Kanarek side.
Somehow multiple posters are convinced that I’m a Kanarek insider “dispatched” to pursue some agenda (I’m not), but feel it necessary to deny that the Barisone side would similarly “dispatch” an agent to pursue an agenda?
Interesting.
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This is quite literally the dumbest speculation I have seen in this thread - and that’s saying a lot! If MB’s attorneys stipulate that he shot LK, they will appear in the Guinness Book of World Records for being the worst defence lawyers in history. That’s not how this works. That not how any of this works.
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It is, we have, and you did.
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Right? But thinking ahead is not the CH/LK Klan strong suit. I think the foundation of the MB team’s case against LK will be that he not only wasn’t the one that shot her, but that he didn’t bring the gun to the scene. Further, that LK was in possession of the gun herself. And admitted so, taunting the gun owner that it was"missing". The 911 tape brings the seed of doubt into her story. Her own comments seal it.
Can you imagine her saying to that accusation but I was lying. I just made that up. Heh heh. Okay. Funny how it all fits with what happened.
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OK, @BigMama1. That’s my prediction. In another two years maybe we’ll see whether MB tries to relitigate it or not. You can tell me how dumb I am then.
Of course the case could also be settled and not go to trial. Would that count as not bothering to relitigate?
And now we all can see what you said. Shame on you.
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Certainly it won’t go to trial as long as the plaintiff keeps delaying and refusing to participate lol.
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You know what I cannot figure out here???
Why do the Klan and certain posters here put so much effort into trying to control the narrative on an internet message board that has absolutely no bearing on any of their legal issues, except for the fact they were stupid enough to post comments here that have most certainly affected LK’s cases???
All they have had to do this entire time was ignore COTH. Just ignore it. Don’t look at it, don’t post on it, most certainly do not post then identify yourself positively.
But no!!! Restraint is not a characteristic possessed by any of the Klan.
These people actively participated in the act of trying to make a man lose his mind. Over what? A farm? A horse? Some material possessions?
All because their little princess of unlimited means (like we actually believe that) got her feelings hurt, due to the fact she was not the star of the barn and could not be bothered to haul her a$$ less than four hundred feet up the hill to the barn for lessons!!!
What does this say about these people??? What does this say about those here defending them???
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Well now, wait. HER plaint won’t go to trial. But his will. Or rather, his will go before the court. If not trial. Both complaints will be settled in his favor if she refuses to participate.
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Ah, the specific “alternative scenario” that you’ve chosen to go with!
Good choice in supposing that it was LK who brought the gun to the scene. Did she also bring it illegally from NC?
If the gun went off accidentally in a struggle, the person who brought it to the scene is going to be liable, at least in part, so you’ve chosen well.
I thought the 911 call all by itself was pretty damning, but perhaps you guys think the call was completely staged and phony.
