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  • Originally posted by unofan View Post

    It's a gross exaggeration of what is likely or what the Court is actually poised to do. Could the Court rule so broadly? Sure, in so much as anytime there's a case involving one is the Miranda rights there's a chance it could nullify them.

    But realistically, the case was about whether a person can bring a 1983 action against a cop when the only alleged violation was not Mirandizing them and the resulting confession was used to help convict them. The Court, including Sotomayor and Kagan, seemed united that was not enough to support a 1983 action, since the there are intervening causes of the harm there - the prosecutor had to introduce it, the judge had to allow it, your own attorney may or may not have failed to try to suppress it, the jury had to believe it, etc - and you can't prove the cop's actions legally caused the harm to you fire purposes of a resulting civil case.

    In any event, nothing about the case suggested Miranda would disappear as a staple in criminal cases.
    Uno, Miranda didn't actually change or add any constitutional rights did it--only added the now famous language as a legal requirement to ensure any waiver is "knowing and voluntary?" I didn't practice criminal law but seem to recall that from crim pro eons ago.

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    • Ok, so it’s not really true. Glad I asked.

      besides womens reproductive rights, I eagerly await the EPA case

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      • So john Eastman clerked for Thomas? Embarrassing

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        • Originally posted by Deutsche Gopher Fan View Post
          So john Eastman clerked for Thomas? Embarrassing
          It's a Cabal. Always has been. Always will be.
          **NOTE: The misleading post above was brought to you by Reynold's Wrap and American Steeples, makers of Crosses.

          Originally Posted by dropthatpuck-Scooby's a lost cause.
          Originally Posted by First Time, Long Time-Always knew you were nothing but a troll.

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          • Originally posted by burd View Post

            Uno, Miranda didn't actually change or add any constitutional rights did it--only added the now famous language as a legal requirement to ensure any waiver is "knowing and voluntary?" I didn't practice criminal law but seem to recall that from crim pro eons ago.
            My wife's the crim law expert, but that sounds right. Miranda merely gives weight to the 5th, and 6th amendments and sets forth the remedy for violations (exclusion of wrongfully obtained evidence from trial).

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            • Originally posted by unofan View Post

              My wife's the crim law expert, but that sounds right. Miranda merely gives weight to the 5th, and 6th amendments and sets forth the remedy for violations (exclusion of wrongfully obtained evidence from trial).
              My recollection was that the Court took the unusual step of actually spelling out the warning needed to establish "knowing and voluntary" built out a distrust for law enforcement's representations of whether the D truly understood and intended. The poisonous tree doctrine was already established, but the Court basically put it on the line saying that if these words are not recited, then you lose. Amazing, actually, that a court applying and interpreting the constitution required exact language to meet a constitutional threshold.

              Or maybe that was another case in torts.

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              • The Court that is deciding the fate of Roe Vs. Wade, a 50 year precedent, was involved in the Coup.

                SCOTUS Justices Alito and Clarence are co- conspirators of the coup per statements from Ginni Thomas and John Eastman
                https://twitter.com/kelly2277/status...98330934157312
                **NOTE: The misleading post above was brought to you by Reynold's Wrap and American Steeples, makers of Crosses.

                Originally Posted by dropthatpuck-Scooby's a lost cause.
                Originally Posted by First Time, Long Time-Always knew you were nothing but a troll.

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                • Originally posted by unofan View Post

                  My wife's the crim law expert, but that sounds right. Miranda merely gives weight to the 5th, and 6th amendments and sets forth the remedy for violations (exclusion of wrongfully obtained evidence from trial).
                  Our cats are named after the two cases Scalia said he hated the most: Miranda and Casey. We got them on the day he died.
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                  • Originally posted by ScoobyDoo View Post
                    The Court that is deciding the fate of Roe Vs. Wade, a 50 year precedent, was involved in the Coup.



                    https://twitter.com/kelly2277/status...98330934157312
                    There is a growing consensus that Eastman was full of **** when he claimed that. First, talking about "hearing shouting from the room where they were meeting" when they were doing everything remotely?
                    I gotta little bit of smoke and a whole lotta wine...

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                    • Eastman should be in ****ing handcuffs
                      Code:
                      As of 9/21/10:         As of 9/13/10:
                      College Hockey 6       College Football 0
                      BTHC 4                 WCHA FC:  1
                      Originally posted by SanTropez
                      May your paint thinner run dry and the fleas of a thousand camels infest your dead deer.
                      Originally posted by bigblue_dl
                      I don't even know how to classify magic vagina smoke babies..
                      Originally posted by Kepler
                      When the giraffes start building radio telescopes they can join too.
                      He's probably going to be a superstar but that man has more baggage than North West

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                      • Originally posted by dxmnkd316 View Post
                        Eastman should be in ****ing handcuffs
                        Yep. The dude knew he was full of it and still pushed an agenda to throw out the election. He wasn't a lawyer he was a co-conspirator.
                        "It's as if the Drumpf Administration is made up of the worst and unfunny parts of the Cleveland Browns, Washington Generals, and the alien Mon-Stars from Space Jam."
                        -aparch

                        "Scenes in "Empire Strikes Back" that take place on the tundra planet Hoth were shot on the present-day site of Ralph Engelstad Arena."
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                        Of course I'm a fan of the Vikings. A sick and demented Masochist of a fan, but a fan none the less.
                        -ScoobyDoo 12/17/2007

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                        • None of what he said should be privileged. He can plead the 5th, but as of now, it looks like all of this is falling at his feet.
                          Code:
                          As of 9/21/10:         As of 9/13/10:
                          College Hockey 6       College Football 0
                          BTHC 4                 WCHA FC:  1
                          Originally posted by SanTropez
                          May your paint thinner run dry and the fleas of a thousand camels infest your dead deer.
                          Originally posted by bigblue_dl
                          I don't even know how to classify magic vagina smoke babies..
                          Originally posted by Kepler
                          When the giraffes start building radio telescopes they can join too.
                          He's probably going to be a superstar but that man has more baggage than North West

                          Comment


                          • Originally posted by dxmnkd316 View Post
                            Eastman should be in ****ing handcuffs
                            Yeah. He knew, he knew he knew, they know he knew he knew, and he knows they know he knew he knew.

                            Throw away the key.
                            Cornell University
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                            ECAC Champion 1967, 1968, 1969, 1970, 1973, 1980, 1986, 1996, 1997, 2003, 2005, 2010
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                            • Court doing the most to tear down separation of church and state, as sotomayor noted in her dissent today

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                              • Originally posted by Deutsche Gopher Fan View Post
                                Court doing the most to tear down separation of church and state, as sotomayor noted in her dissent today
                                I like her. She may be my favorite Justice. I hope she's smart enough to retire before she dies with a Republican in office and an ******* leading the Senate.
                                **NOTE: The misleading post above was brought to you by Reynold's Wrap and American Steeples, makers of Crosses.

                                Originally Posted by dropthatpuck-Scooby's a lost cause.
                                Originally Posted by First Time, Long Time-Always knew you were nothing but a troll.

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