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Rob72 wrote: ↑Thu Dec 19, 2019 12:15 pm

E.Marquez wrote: ↑Thu Dec 19, 2019 11:39 am

Defense Attorney Kurt Glass told 6 News that Judge Steve Young ruled a mistrial after Glass refused to exclude a critical fact in the trial.

So if a defense Attorney includes a piece of evidence the judge does not like, the judge can declare a mistrial?

It would make sense if something was declared not presentable away from the Jury, and then presented anyway in court, leaked, ect. But if that happened, would the defense Attorney not be at least verbally admonished if not worse? I would bet if that had been done it would have been reported.

It is declared, "inadmissable." The article is written with a definite agenda. Defense attorneys
"exclude critical facts" all the time in efforts to keep their clients out of jail. I suspect that the Defense shot his mouth off about something in open court, that had previously been ruled on because he didn't feel he could win his argument with what was left. Get a mistrial, get a new jury, and more time.

Note the way this is written: "...Glass refused to exclude a critical fact in the trial." Who decided the fact was critical? Obviously Glass, and obviously the reporter decided to agree with him. The Judge had already decided that it was not "critical", and/or was not pertinent to deciding on the charges offered.

E.Marquez wrote: ↑Wed Dec 18, 2019 10:01 am

AF-Odin wrote: ↑Wed Dec 18, 2019 9:21 am Correct, the reason I am asking is the section in GC 411 subchapter H regarding carrying in a motor vehicle without a LTC has Criminal Street Gang as a defined in 71.01 as a disqualifier, but does NOT really address if the individual has an LTC. Would the normal background check for issue of an LTC discover whether or not some one is a member of a 71.01 defined group? I don't think so as I cannot recall that question being asked on the application.

Will definitely be an interesting case to watch specifically for 1st Amendment rights regarding freedom of association as this individual had no criminal record.

This debate has come up many times..If you have an LTC and are in a motor vehicle which set of rules .restrictions and laws apply?
As its been pointed out, nothing governing LTC seems to have a restriction reference "Criminal Street Gang " As this person was charged anyway, the ADA must be charging him under rules according to MPA..thus, this DA at least is implying MPA is applicable while in a vehicle, not LTC and now my head hurts.....

03Lightningrocks wrote: ↑Tue Dec 17, 2019 6:38 pm Based on the rule you posted, I am thinking he is ineligible for a LTC. I am curious now, how do the authorities determine whether or not a group of people are considered a criminal street gang. The obvious groups are a no brainer. But what about the smaller less known groups? How many members does it take to be considered a "gang"?