General Discussion

jberryhill

(62,444 posts)

5. There's no right of third parties to file briefs in trials

Tue Feb 17, 2015, 11:51 AM

Feb 2015

It's entirely discretionary at the trial level to admit third party briefs.

While it is fairly normal at the appellate level, a trial court is not required to consider third party arguments of law.

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62 replies

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ACLU prohibited from joining gang rap case [View all] marym625 Feb 2015 OP

I agree. TexasMommaWithAHat Feb 2015 #1

wish I knew what to do about marym625 Feb 2015 #4

I don't think that's justified. Yo_Mama Feb 2015 #2

Thank you. n/t marym625 Feb 2015 #3

There's no right of third parties to file briefs in trials jberryhill Feb 2015 #5

True marym625 Feb 2015 #6

If they allowed amicus briefs on one side, they'd have to allow them on the other onenote Feb 2015 #7

I don't have an issue with that marym625 Feb 2015 #9

Do you have a link to the text of the statute in question? jberryhill Feb 2015 #12

yes marym625 Feb 2015 #19

That does not appear to the be the correct one jberryhill Feb 2015 #26

That's what was cited in the ACLU article marym625 Feb 2015 #27

Unless it is this part here: jberryhill Feb 2015 #30

That's it marym625 Feb 2015 #32

So? jberryhill Feb 2015 #34

except that freedom of speech marym625 Feb 2015 #37

The law doesn't prohibit writing or publishing a song jberryhill Feb 2015 #41

How is writing a song years before a shooting marym625 Feb 2015 #42

It probably isn't jberryhill Feb 2015 #44

my issue is with both marym625 Feb 2015 #48

Actually, a better example of how this can be abused marym625 Feb 2015 #62

That's it marym625 Feb 2015 #29

Read the second sentence of the OP. merrily Feb 2015 #38

So? merrily Feb 2015 #33

That's true - but this is a novel prosecutorial theory, and if a conviction occurred, Yo_Mama Feb 2015 #13

...and on appeal, that would be an appropriate thing to do jberryhill Feb 2015 #14

Good thing Jim Croche ain't still around hootinholler Feb 2015 #8

OMFD! marym625 Feb 2015 #10

Actually Dr Hobbitstein Feb 2015 #11

ya know marym625 Feb 2015 #20

Yeah, it's most commonly misheard as "fight" Dr Hobbitstein Feb 2015 #23

interesting marym625 Feb 2015 #25

Except the UK wasn't involved in Vietnam jberryhill Feb 2015 #28

like that would stop the US marym625 Feb 2015 #31

The statute is not that broad jberryhill Feb 2015 #16

Yes marym625 Feb 2015 #21

There was a wild colonial boy, Jack Donahue was his name. Yo_Mama Feb 2015 #15

The law and the case are atrocious, Ms. Toad Feb 2015 #17

I get that marym625 Feb 2015 #22

Yet another example... gregcrawford Feb 2015 #18

+1000 marym625 Feb 2015 #24

You don't need a Weatherman to know which way the wind blows. (Bob Dylan, who once claimed he merrily Feb 2015 #36

I hate to admit I didn't realize marym625 Feb 2015 #40

Maybe he was just in love. merrily Feb 2015 #43

sounds like it marym625 Feb 2015 #45

He did write some great stuff. merrily Feb 2015 #47

my favorite thread on DU marym625 Feb 2015 #49

Those were the days, my friend. We thought they'd never end. Then, they ended. merrily Feb 2015 #51

Yeah marym625 Feb 2015 #53

That would be nice. merrily Feb 2015 #55

Can we arrest Toby Keith for encouraging Tsiyu Feb 2015 #35

sure. why not? marym625 Feb 2015 #39

This nation was formed in part to stop the trend Tsiyu Feb 2015 #56

I used to think there was always a tipping point marym625 Feb 2015 #57

AS bad as things are, a great many things are working right Tsiyu Feb 2015 #58

Just curious marym625 Feb 2015 #59

Oh, I think there are many problems Tsiyu Feb 2015 #60

Thanks for the reply marym625 Feb 2015 #61

Got police state? KamaAina Feb 2015 #46

Why yes! marym625 Feb 2015 #50

The court and the prosecutor here are only interested in railroading a black guy for rapping... MrScorpio Feb 2015 #52

or, and this is just an idea, marym625 Feb 2015 #54