Message from @Xychotic

Discord ID: 546926268629909504


2019-02-18 05:16:05 UTC  

no federal constitution trumps any state law, please read my prior statement hereinbefore

2019-02-18 05:17:03 UTC  

like i said, even even if California or any state prohibits its use, the federal constitution trumps it

2019-02-18 05:18:09 UTC  

all this applies to USA , so any other country, im unsure

2019-02-18 05:18:36 UTC  

You only get the protection of the federal constitution in a federal court.

2019-02-18 05:18:43 UTC  

no

2019-02-18 05:18:49 UTC  

You'd have to fight your way through a dozen appeals before you got there.

2019-02-18 05:19:06 UTC  

i was a public defender

2019-02-18 05:19:20 UTC  

Ha. Public defenders.

2019-02-18 05:19:41 UTC  

No offense, but those guys have the absolute worst records.

2019-02-18 05:19:55 UTC  

Did you ever actually defend your clients or just broker the smoothest guilty pleas?

2019-02-18 05:20:15 UTC  

also an appellate attorney at a state AG's office

2019-02-18 05:20:24 UTC  

oh yes

2019-02-18 05:23:07 UTC  

heres one case wherein a state law was declared unconstitutional because it prohibit admission of a certain exculpatory evidence Holmes v. South Carolina :: 547 U.S. 319 (2006)

2019-02-18 05:26:21 UTC  

How far did it have to go before it got that declaration?

2019-02-18 05:27:04 UTC  

that cased was based on established law

2019-02-18 05:27:53 UTC  

Meow

2019-02-18 05:28:36 UTC  

was going 2 cite wed site with actual opinion but wont let me herein

2019-02-18 05:29:18 UTC  

ffs, dude.

2019-02-18 05:29:21 UTC  

It's a supreme court case

2019-02-18 05:29:37 UTC  

It had to go all the way to the top before it the constitution got to be invoked.

2019-02-18 05:29:43 UTC  

Just like I said.

2019-02-18 05:30:04 UTC  

well yes, the defendant was convicted of murder in state court

2019-02-18 05:30:46 UTC  

yes but the evidence he was trying 2 use was flimsy at best because it was third part hearsay

2019-02-18 05:30:51 UTC  

Does he get reparations for the entire time he had to crawl through the legal system?

2019-02-18 05:31:18 UTC  

I know the answer is he does not.

2019-02-18 05:31:55 UTC  

but the supreme court said essentially it doesnt matter how questionable the evidence is: if its potentially exculpatory, it must be admitted

2019-02-18 05:32:40 UTC  

And how long did it take from accusation through every appeal and eventually the supreme court before home dude was exonerated?

2019-02-18 05:33:06 UTC  

and how much did his life get wrecked during that time and doubtlessly beyond?

2019-02-18 05:33:42 UTC  

yes but my point is

2019-02-18 05:34:08 UTC  

a recording can never be questioned to be fake

2019-02-18 05:34:21 UTC  

I agree that the US Constitution trumps state law, but you know that in order to invoke that protection, you have to go through the whole process until the supreme court finally gets around to hearing the case and have the money to do it and your life to be ruined.

2019-02-18 05:34:30 UTC  

no

2019-02-18 05:34:40 UTC  

i used that case all the time

2019-02-18 05:34:50 UTC  

Yeah, because someone had gone through the process.

2019-02-18 05:35:01 UTC  

I know about the importance of legal precedent.

2019-02-18 05:35:53 UTC  

exculpatory evidence can never be excluded in USA, regardless how it was obtain

2019-02-18 05:36:05 UTC  

Why hasn't anyone been able to make alimony and child support illegal based on the 13th amendment?

2019-02-18 05:38:15 UTC  

is not applicable to child support or alimony based upon it legislative history

2019-02-18 05:38:47 UTC  

Coverture should also be abolished since it's not necessary in this modern age.

2019-02-18 05:39:22 UTC  

im not versed on family law as much as criminal law: thats y i was mad when DDJ got crazy

2019-02-18 05:41:08 UTC  

Yeah, it's late and I'm kind of spinning a little off center.