Rose found not liable: Update pg. 62

El Poochio · Post #521 » by **El Poochio** » Tue Oct 11, 2016 2:06 am

BJ: "Jail the coont so I can start for this damn team baby"

JXL · Post #522 » by **JXL** » Tue Oct 11, 2016 2:40 pm

Strong possibility that a mistrial will be enforced today.

xNewYorkMadex · Post #523 » by **xNewYorkMadex** » Tue Oct 11, 2016 2:44 pm

Man if hes truly innocent hopefully he gets a mistrial.

I absolutely hate the amount of practices hes already missed and will miss if this continues. Also will have a lot of catching up to do and knowing where to be with this new offense. Rose needs to gain that chemistry with the team. Not mad at him, just mad at the situation.

MaseInYourFace · Post #524 » by **MaseInYourFace** » Tue Oct 11, 2016 2:47 pm

Absolutely best case scenario would be a mistrial. Oh and keep Rose's dumb azz away from these nyc nightclubs please.

trophywinner · Post #525 » by **trophywinner** » Tue Oct 11, 2016 2:56 pm

xNewYorkMadex wrote:Man if hes truly innocent hopefully he gets a mistrial.

I absolutely hate the amount of practices hes already missed and will miss if this continues. Also will have a lot of catching up to do and knowing where to be with this new offense. Rose needs to gain that chemistry with the team. Not mad at him, just mad at the situation.

what if judge does rule mistrial and schedules new trial to begin in a few weeks or some other point during the season? isn't that a possibility?

omerome · Post #526 » by **omerome** » Tue Oct 11, 2016 2:59 pm

trophywinner wrote:
xNewYorkMadex wrote:Man if hes truly innocent hopefully he gets a mistrial.

I absolutely hate the amount of practices hes already missed and will miss if this continues. Also will have a lot of catching up to do and knowing where to be with this new offense. Rose needs to gain that chemistry with the team. Not mad at him, just mad at the situation.

what if judge does rule mistrial and schedules new trial to begin in a few weeks or some other point during the season? isn't that a possibility?

I doubt there would be a new trial if this one is deemed a mistrial because of lack of evidence. Also I think it would be hard to schedule a new trial because of double jeopardy.

JXL · Post #527 » by **JXL** » Tue Oct 11, 2016 3:04 pm

trophywinner wrote:
xNewYorkMadex wrote:Man if hes truly innocent hopefully he gets a mistrial.

I absolutely hate the amount of practices hes already missed and will miss if this continues. Also will have a lot of catching up to do and knowing where to be with this new offense. Rose needs to gain that chemistry with the team. Not mad at him, just mad at the situation.

what if judge does rule mistrial and schedules new trial to begin in a few weeks or some other point during the season? isn't that a possibility?

Highly doubt it. Without physical evidence for the accuser, the text messages that proved she was lying on important details, this can looked at as a thrown-out case. Doe barely got leverage then, she has none now.

trophywinner · Post #528 » by **trophywinner** » Tue Oct 11, 2016 3:54 pm

welp

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what if this was doe's plan all along. force rose to settle so he wouldn't have to miss any of the season. unlikely maybe, but still something to think about idk

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JXL · Post #529 » by **JXL** » Tue Oct 11, 2016 3:57 pm

trophywinner wrote:welp

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what if this was doe's plan all along. force rose to settle so he wouldn't have to miss any of the season. unlikely maybe, but still something to think about idk

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If it extends into the season, that will be very bad. She lost leverage during this case, does she want to ruin Rose's season as well?

Post #530 » by **Thorn** » Tue Oct 11, 2016 3:58 pm

The Judge seems to be on his game, and in this case I think that is a very positive thing for D-Rose.

JXL · Post #531 » by **JXL** » Tue Oct 11, 2016 4:05 pm

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Now its 100% in D-Rose favor.

shtolky · Post #532 » by **shtolky** » Tue Oct 11, 2016 4:09 pm

omerome wrote:
trophywinner wrote:
xNewYorkMadex wrote:Man if hes truly innocent hopefully he gets a mistrial.

I absolutely hate the amount of practices hes already missed and will miss if this continues. Also will have a lot of catching up to do and knowing where to be with this new offense. Rose needs to gain that chemistry with the team. Not mad at him, just mad at the situation.

what if judge does rule mistrial and schedules new trial to begin in a few weeks or some other point during the season? isn't that a possibility?

I doubt there would be a new trial if this one is deemed a mistrial because of lack of evidence. Also I think it would be hard to schedule a new trial because of double jeopardy.

Double jeopardy only occurs in criminal cases, not civil. The problem with the mistrial is the plaintiff could easily just refile the case and it could spill into the season. If she is as money hungry as the defense suggests, she could do this.

trophywinner · Post #533 » by **trophywinner** » Tue Oct 11, 2016 4:09 pm

damn shame rose might just have to break out the checkbook if he doesn't want to miss games.

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doe's team are a bunch of clowns

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Drun53 · Post #534 » by **Drun53** » Tue Oct 11, 2016 4:30 pm

What if the judge grants a mistrial but then doesn't require Rose to show up for the next trial? It's a civil suit, afterall.

Post #535 » by **King of Canada** » Tue Oct 11, 2016 4:41 pm

I know that Rose doesn't want to settle, but if there is a mistrial Doe may be likely to take what she can get

trophywinner · Post #536 » by **trophywinner** » Tue Oct 11, 2016 4:46 pm

if mistrial is ruled b/c doe withheld evidence damaging to her own case, rose can file to dismiss case

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Post #537 » by **GONYK** » Tue Oct 11, 2016 4:48 pm

No re-trial will be necessary, since it seems she will lose.

CJackson · Post #538 » by **CJackson** » Tue Oct 11, 2016 4:55 pm

I feel like I'm missing something here. Why would they refile the case if it is dismissed? Because their lawyers goofed and they feel they can win it next time? It doesn't sound like there'd be any basis to expect a winning outcome if they filed again.

shtolky · Post #539 » by **shtolky** » Tue Oct 11, 2016 5:06 pm

CJackson wrote:I feel like I'm missing something here. Why would they refile the case if it is dismissed? Because their lawyers goofed and they feel they can win it next time? It doesn't sound like there'd be any basis to expect a winning outcome if they filed again.

If there is a mistrial, it basically just means the case is declared void before a jury can reach a decision (in this case). Plaintiff could re-try and case and do this all over again. If she really feels like she can win, or she is just out to absolutely make Rose's life hell, she can re-file the case. Rose could file for summary judgment after the granting of a mistrial which basically argues that there are no factual issues to be tried anymore and then the case would be ruled in Rose's favor. Interesting to see what happens. If a mistrial is granted, she could give up, she could go full steam ahead, who knows.

CJackson · Post #540 » by **CJackson** » Tue Oct 11, 2016 5:17 pm

shtolky wrote:
CJackson wrote:I feel like I'm missing something here. Why would they refile the case if it is dismissed? Because their lawyers goofed and they feel they can win it next time? It doesn't sound like there'd be any basis to expect a winning outcome if they filed again.

If there is a mistrial, it basically just means the case is declared void before a jury can reach a decision (in this case). Plaintiff could re-try and case and do this all over again. If she really feels like she can win, or she is just out to absolutely make Rose's life hell, she can re-file the case. Rose could file for summary judgment after the granting of a mistrial which basically argues that there are no factual issues to be tried anymore and then the case would be ruled in Rose's favor. Interesting to see what happens. If a mistrial is granted, she could give up, she could go full steam ahead, who knows.

Well, considering she has no money to put lawyers on retainer and she has some bumbling mutt on this case probably working for free and a cut of the proceeds, how would she even be able to solicit the participation of a competent attorney for a retrial? If her current one is a real estate lawyer out of their depth, then it would seem unlikely she can convince anyone competent to take it on a second time when the evidence already is tenuous at best and makes her look likely to be shady. No reputable attorney would want to touch this is my read on the situation. That's why, aside from the procedural aspect of it (thanks for the reply on that), I was wondering why anyone would even think this would come back to trial? Doesn't seem plausible to me