Attorney Steve, could you do on material facts involving summary judgement?

@attorneysteve

4 жыл бұрын

let me add it to my LOOOOOOONG list! Thanks for watching!!! Steve

"She killed him; Sue killed Joe" is not an example of the dying declaration exception. The dying declaration exception concerns a declaration made by the (now unavailable) dying person _about his cause of death_. Another example: with his last breath he says, " Tell my wife I love her". That is as much hearsay as it is cliché. However, if with his last breath he says, "She did it. Sue shot me", that would fall squarely within the dying declaration exception.

I thought something was wrong when I saw your face, and then I saw you hand, now I get it.

@attorneysteve

2 жыл бұрын

If you see my face, then everything is right! SV

Can hearsay be better than direct evidence though?

@attorneysteve

4 жыл бұрын

LOL I get the drift......in my opinion ALL EVIDENCE is struggling to become a FACT. Only when a fact-finder (judge or jury accepts something as "truth") does it then become a fact. In other words, regardless of the type of evidence (opinion, expert, documents, hearsay) until a fact-finder believes it....it is just "Evidence." Does that make sense? That's why TRUTH is such a NEBULOUS COMMODITY no matter what the issue is.

@jerichojoe307

2 жыл бұрын

@@attorneysteve I still don't understand how the testimony of someone else though even if they are present is considered proof. Isn't the burden of the court to prove Beyond a reasonable doubt meaning having viable; physical, video, or audio evidence. Now I understand that that burden of proof also relies on witness testimony. But how do you know if the witness is lying or telling the truth. Some people are very good Liars. Let's just say a scorned person declares under penalty of perjury that Joe killed Sue. But in all actuality, Joe lives alone thereby has no Witnesses for an alibi to testify to the fact that he was home that night. Say that person is the sister of Sue and Joe and Sue happened to be ex-lovers but the sister never liked Joe. Sue gets assaulted and strangled to death in an alleyway near Sue's house on her way home by a random assailant. The assailant didn't leave behind any evidence. There were no cameras that caught the attack. There were no other witnesses to the attack. No one else heard anything. The sister automatically blames Joe because of their Rocky past. She lies and says that she saw Joe, or even if it isn't an outright lie; but an assumption that it was Joe because she saw the attack but not the assailants face and just assumed that it's Joe. Joe has no way to validate his Alibi that he was home that night. Joe is legitimately an innocent man, and was legitimately at home sleeping at the time of the attack but based on the false or assumed testimony of the sister, he would more than likely go to jail. How would Joe fight this? Although he is innocent it is his word against hers. How is her testimony that she thinks it's Joe any more valid than the actual fact that Joe says no I was home. It's crazy the statistics on how many innocent people are actually in jail due to false ID. Many of them are now being released, but many of them are not receiving any compensation for the Lost Years of their life. How does one fight against scornful people that make false accusations against them out of spite but cannot prove their innocence. They say you're innocent till proven guilty, but I typically see people put in jail and are seen as guilty until they prove their innocence. Myself included. I'm a recovering addict who 3 years ago after losing my family; went to psychiatric care and Rehab to get clean. The people that I was associating with, gained access to my empty house while I was away and proceeded to use the place as a meth lab. I got word of the fact that they were partying and using drugs in my house while I was at my facility via a phone call. Finding this out; since I was a voluntary commitment; I left treatment to put everyone out and change the locks on my home. What I wasn't aware of at the time was that they were actually making meth in the house I just knew that they were using it there. After getting everyone out I proceeded to start cleaning up the mess they made with weeks of partying and tossed some bottles of what I thought was Sprite in the trash. Turns out these were there shake and bake bottles and when thrown in the trash the jolt and the fact that the cap was not secure caused them to spontaneously ignite. There was a bright magenta Flash, liquid ejected from the bottle out of the trash can and all over the front of my body which turned out to be caustic and started to immediately melt my skin while at the same time being on fire. The second bottle that was filled, went off from the initial fire and there was an explosion. I was literally doused in acid, set on fire, and blown up that day my entire House burned down 2 sticks and Ashes. Somehow I survived with second and third-degree Burns across my entire chest, part of my abdomen, my right thigh, my back, and my upper right arm. Both chemical and thermal Burns. Suffering permanent nerve and tissue damage as well as lung damage from the fumes of whatever was in that bottle. I never saw shake and bake before so I was truly unaware of what actually happened I just knew that something exploded from a box in the trash can and melted my skin off and such was my testimony to the ambulance and Fire Department after walking out of there still on fire when they arrived. Luckily there was a fire parade that day a few blocks from my house and they were there within minutes. After leaving the Burn Unit few weeks later, I was arrested for running a meth lab, causing a catastrophe, reckless endangerment, arson, possession, possession with the intent to distribute, possession of implements used to make methamphetamine, negligent storage of chemicals used to make methamphetamine, and falsifying a report. I was looking at 37 years in State Prison for something I didn't do. in the burn unit I actually happened to send a Facebook message to the guy that was in my house prior to me being arrested and once I found out there was a warrant for my arrest. Asking him what the hell was in those bottles because my house blew up and I almost died, I specifically asked him if he was making meth in my house because that's what the firefighters asked me; and that if that was the case he needed to own up to it because they were getting ready to arrest me He said and I quote" I'm sorry Joe, the last time I made it was at your house oh, I'm sorry this happened to you I know you were trying to get clean, my bad, I didn't know we didn't get everything out of there. But yo I'm high as f*** right now, don't know what to tell you. Good luck" end quote. Even with my open wounds, they stuck me in the dirtiest part of the prison the segregated housing unit because my bail was set over $100,000. It took months for me to be able to get my phone picked up although I told them that I had evidence of my innocence on that phone. My medical records from the facility I was in verified that I only came home the day of the fire and it was noted in my file that I said I needed to leave for an at-home emergency involving someone at my house doing things they shouldn't be. Only after nine months in jail fighting my innocence, did they bother to look at that phone. And even then the DA was still seeking a conviction saying that the evidence on my phone was hearsay and circumstantial because in the response, the guy admits that he was under the influence at the time of making the statement, he never specified the word meth in his confession, and that he was not present to testify as he is not the one that is charged. Since they didn't actually have enough actual physical evidence to link me to being the actual manufacturer to charge me and because of the statement of my physician on the medical records and now that they had Reasonable Doubt because of even what they considered to be circumstantial yet inadmissible evidence of another party. The DEA agreed to a nolle pross on all of my felony charges except she would not drop the felony three for negligent storage because she wanted her conviction because she was due for a promotion soon. At least that's what my attorney figured out and later told me. They gave me a one-time deal or I had to go to trial and since I didn't have a whole lot to fight with, I took the deal so I wouldn't have to spend 37 years away from my kids if I lost, not because I was guilty. I took the deal under the promise that I could plead no contest on all of the charges that they were keeping on me because I would not plead guilty to something I didn't do but I was going to accept the punishment rather than face the trial. So I got the felony 3 and all of the misdemeanor charges. Time served plus 3 months, had to do a 1-year program, and had to pay $5,000 in fines. They never charged the other guy and because I was convicted of one of the charges of a set; even though the rest of them were nolle pross they still all show on my background report which has destroyed my ability to work because nobody wants to hire somebody who is charged with six felonies related to a meth lab. They don't care about the truth they only care about what they see on my report. I've been clean since November 6th 2018 just prior to this incident. I've reclaimed my life, and gotten back on track having paid my debt to society although I didn't do anything wrong but try to get clean and put somebody out of my house. I suffered permanent injuries and lost my home, I was a victim in this instant and yet I was treated like a criminal even with a confession from the man responsible. Also that the da Nicole eisenhardt could get her conviction. If I didn't get my doctor to fax over my reason for leaving treatment, and if it wasn't for me having the presence of mind to confront the guy that made the stuff via a text forum, I would be spending 37 years in prison and would never have been able to restore my family or see my children until they were my age. An innocent man almost went to prison for 37 years and only skated through on a technicality of circumstantial evidence that gave Reasonable Doubt. And the man that was actually responsible is still walking the street smiling to this day. While I have to bear the scars and pain from damaged tissue the rest of my life. His name is Bradley Brown