Message from @Xychotic
Discord ID: 546926268629909504
no federal constitution trumps any state law, please read my prior statement hereinbefore
like i said, even even if California or any state prohibits its use, the federal constitution trumps it
all this applies to USA , so any other country, im unsure
You only get the protection of the federal constitution in a federal court.
no
You'd have to fight your way through a dozen appeals before you got there.
i was a public defender
Ha. Public defenders.
No offense, but those guys have the absolute worst records.
Did you ever actually defend your clients or just broker the smoothest guilty pleas?
also an appellate attorney at a state AG's office
oh yes
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)
How far did it have to go before it got that declaration?
that cased was based on established law
Meow
was going 2 cite wed site with actual opinion but wont let me herein
ffs, dude.
It's a supreme court case
It had to go all the way to the top before it the constitution got to be invoked.
well yes, the defendant was convicted of murder in state court
yes but the evidence he was trying 2 use was flimsy at best because it was third part hearsay
Does he get reparations for the entire time he had to crawl through the legal system?
I know the answer is he does not.
but the supreme court said essentially it doesnt matter how questionable the evidence is: if its potentially exculpatory, it must be admitted
And how long did it take from accusation through every appeal and eventually the supreme court before home dude was exonerated?
and how much did his life get wrecked during that time and doubtlessly beyond?
yes but my point is
a recording can never be questioned to be fake
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.
no
i used that case all the time
Yeah, because someone had gone through the process.
I know about the importance of legal precedent.
exculpatory evidence can never be excluded in USA, regardless how it was obtain
Why hasn't anyone been able to make alimony and child support illegal based on the 13th amendment?
is not applicable to child support or alimony based upon it legislative history
Coverture should also be abolished since it's not necessary in this modern age.
im not versed on family law as much as criminal law: thats y i was mad when DDJ got crazy
Yeah, it's late and I'm kind of spinning a little off center.