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Old 09-05-2011, 06:11 AM   #91
Boston_Sprint
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Well it appears that the State is too busy prosecuting people who complain about Cody Eller to actually do anything about Cody Eller:

http://christopher-king.blogspot.com...gh-county.html

30 AUGUST 2011

KingCast asks Hillsborough County Prosecutor Dennis Hogan: "What's the holdup on the Cody Eller Indictment?"


The law on First Degree Assault and Intent is pretty effin' clear:
Here's a Texas case, the victim was in the car:

Quote:
Shannon Scott, Appellant v. The State of Texas, Appellee
NO. 03-02-00430-CR
COURT OF APPEALS OF TEXAS, THIRD DISTRICT, AUSTIN
2003 Tex. App. LEXIS 6345
Aggravated Assault Conviction Affirmed.
According to several officers' testimony, 3 Burns pulled the Ranger ahead of appellant and backed up to position the truck approximately two to three feet from appellant's front bumper. Appellant was driving a Chrysler 300M. Suitt pulled the 4-Runner behind appellant's [*3] vehicle in an attempt to block appellant in. Socha testified that he saw appellant putting his car into drive and yelled, "Police." The officers then testified that appellant rammed Burns's truck twice to move it out of the way so he could flee the parking lot. Socha testified that the impact pushed Burns's car "a good distance" and appellant successfully drove away. He was arrested a short time later.

HN3One definition of a deadly weapon is "anything that in its manner of use or intended use is capable of causing death or serious bodily injury." Tex. Pen. Code Ann. § 1.07(a)(17)(B) (West 2003). Under this definition, the evidence must establish that the object was capable of causing death or serious bodily injury as so used. Walker v. State, 897 S.W.2d 812, 813 (Tex. Crim. App. 1995); Holder v. State, 837 S.W.2d 802, 807 (Tex. App.--Austin 1992, pet. ref'd). A motor vehicle may be a deadly weapon. See Garza v. State, 100 S.W.3d 347, 350 (Tex. App.--San Antonio 2002, no pet.); Noyola v. State, 25 S.W.3d 18, 20 (Tex. App.--El Paso 1999, no pet.); Green v. State, 831 S.W.2d 89, 93 (Tex. App.--Corpus Christi 1992, no pet.).

Appellant contends that the evidence was not legally sufficient to show that his vehicle was used in a way that showed it was capable of causing death or serious bodily injury; he apparently relies [*8] on the short distance between the cars as limiting appellant's ability to accelerate enough to cause death or serious bodily injury. Burns testified to more than simple "pain and discomfort" as appellant characterized it. Burns testified that he suffered lower back and neck pain, and degenerative damage to three cervical vertebrae.
More:

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The issue then focused on the probability that the particular harm will result from what is done. In R v Hancock & Shankland (1986) 1 ALL ER 641 Lord Scarman puts it:
..the greater the probability of a consequence the more likely it is that the consequence was foreseen and if that consequence was foreseen, the greater the probability is that it was also intended.


In R v Nedrick (1986) 83 Cr. App. R. 267 the Court of Appeal through Lord Lane summarised the law as follows:
...if the jury are satisfied that at the material time the defendant recognised that death or serious harm would be virtually certain (barring some unforeseen intervention) to result from his voluntary act, then that is a fact from which they may find it easy to infer that he intended to kill or do serious bodily harm, even though he may not have had any desire to achieve that result...Where the charge is murder and in the rare cases where the simple direction is not enough, the jury should be directed that they are not entitled to infer the necessary intention unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant's actions and that the defendant appreciated that such was the case.
Running your car into a moving motorcycle meets that test.


As to whomever likes to take my posts off-topic and start into some personal issues, that's your thing and your issue, don't bring it to the board like a bitch-assed ho bag. And whatever moderator gave me the dumbass thumbnail get over yourself. In the end, who do any of you actually think you are, it's just a fucking chat board.

Boston_Sprint screwed with this post 09-05-2011 at 06:25 AM
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Old 09-05-2011, 06:41 AM   #92
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It's our very own daytime soap opera! YAY!


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Old 09-05-2011, 06:51 AM   #93
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It's our very own daytime soap opera! YAY!


Soap operas are a dieing breed, Just another made in America product being run out of town buy the big money Asian's IMO lets discuss it here
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Old 09-05-2011, 07:38 AM   #94
Boston_Sprint
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C'est la vie.

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Originally Posted by car94 View Post
Soap operas are a dieing breed, Just another made in America product being run out of town buy the big money Asian's IMO lets discuss it here
BTW dying.

None done any better than Mary Hartman... Mary Hartman.... so funny I was in undergrad in the early 80's near Norwood, OH which is where the damn show was set. So there's always a soap opera around for me to follow.... In Mary Hartman you had a guy drown in a bowl of soup, in real life you got DAs who don't give a shit about bikers.

http://www.youtube.com/watch?v=6IieOvaY-0c
C'est la vie.
Back in the Day: She was kind of a a honey, Woody is the proverbial nerd stud.

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Old 09-05-2011, 07:02 PM   #95
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Attempted murder is hardly a soap opera. Justice MUST be seen to... if nobody watches, and makes sure of it, then ALL the laws are useless.
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Old 09-05-2011, 07:13 PM   #96
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I agree with Concours and I don't really get the point of hating on Boston Sprint. I suppose some of the stuff he brings to the board is self-promoting, but his intentions seem pretty straight.

Is anyone else pursuing this case? Does anyone care if this kid walks after trying to kill someone on a bike?
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Old 09-05-2011, 07:18 PM   #97
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Soap operas are a dieing breed, Just another made in America product being run out of town buy the big money Asian's IMO lets discuss it here
Really? Sons of Anarchy season 4 starts tomorrow night. That is a cheesy soap opera if there ever was one.
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Old 09-05-2011, 07:26 PM   #98
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so how much money does this kid's family have anyway? Just sayin'
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Old 09-05-2011, 09:07 PM   #99
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so how much money does this kid's family have anyway? Just sayin'
This is always a valid question when you see something funky like this. I pulled the mortgage and checked the property, in and of themselves they are not heavily monied.... but who know who or what they know. If another month passes to the end of Sept. and he is not brought before the Grand Jury I'm going to start going into the DA's Office with my goddamn camera and asking questions, FTDS you know.

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I agree with Concours and I don't really get the point of hating on Boston Sprint. I suppose some of the stuff he brings to the board is self-promoting, but his intentions seem pretty straight.

Is anyone else pursuing this case? Does anyone care if this kid walks after trying to kill someone on a bike?
Yes Man I am just trying to put the (well-researched) word out. This stuff doesn't pay my bills, I don't offer ads on my blogs. I just fucking hate injustice, especially when it is perped on bikers!

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Really? Sons of Anarchy season 4 starts tomorrow night. That is a cheesy soap opera if there ever was one.
Awww dawg, right my housemate and my GF are totally into that one I'll have to catch up, thanks for the heads up bro.
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Old 09-05-2011, 09:29 PM   #100
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Soa

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Originally Posted by DAKEZ View Post
Really? Sons of Anarchy season 4 starts tomorrow night. That is a cheesy soap opera if there ever was one.
Katy Segal is the best dramatic actress in a TV series since Nancy Marchand in The Sopranos.
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Old 09-06-2011, 02:15 AM   #101
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Back in the Day.

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Katy Segal is the best dramatic actress in a TV series since Nancy Marchand in The Sopranos.
Word man, not sure how old you are but I was in undergrad in communications class when Married w Children came out, which was you know the talk of TV at the time. Everyone was all like "Oh Christina Applegate this and that" and I was like, no offense she's a cute girl but gawl-damn Katy Segal is BANGING!!! LOL.

And she hasn't had it easy. I remember her father died in a horrible helicopter accident in the 80's and she miscarried at least once.... a real gal who made it big.

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Old 09-06-2011, 07:11 AM   #102
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Originally Posted by Boston_Sprint View Post
As to whomever likes to take my posts off-topic and start into some personal issues, that's your thing and your issue, don't bring it to the board like a bitch-assed ho bag. And whatever moderator gave me the dumbass thumbnail get over yourself. In the end, who do any of you actually think you are, it's just a fucking chat board.
and yet you come into a thread upstairs that is about road rage and post this drivel

How's larry the cable guy doing these days anyways? I'm sure he likes to observe you in person before doing his retarded bits on stage.
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Old 09-06-2011, 07:32 AM   #103
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Admittedly I haven't read through this entire thread but...I haven't seem much mention of the victim in this crime....he seems to be silent on the whole thing.

Has he recovered from his injuries? Is he as motivated as others to see this kid brought to justice??

Just curious....
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Old 09-06-2011, 10:14 AM   #104
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Boston_Sprint and Merickk. We are not going to pollute this forum with JM grade stuff. Thanks for your cooperation.
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Old 09-06-2011, 12:25 PM   #105
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Originally Posted by Offcamber View Post
Admittedly I haven't read through this entire thread but...I haven't seem much mention of the victim in this crime....he seems to be silent on the whole thing.

Has he recovered from his injuries? Is he as motivated as others to see this kid brought to justice??

Just curious....
The last I heard he was in the hospital and had pins in his leg because it was shattered. BS never did tell what he thought about all of this. I, like you, would be interested in what the victim has to say and how he feels about all of this delay? BS? What's he word?
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