TSJ files lawsuit against Douglas Co. DA, Lawerence PD

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#127      
Proving that your earning potential has been negatively impacted is different than proving how much that potential has been impacted.
The admissibility of expert testimony (the expert's opinion) is complex and I'm no expert (pun intended). However, expert opinions generally have to be based upon some scientifically verifiable process, and it must lead to some "reasonably certain" or "reasonably probable" result. In other words, it cannot just be a best guess. So, if some draft expert comes in and says TSJ would have gone 10th but for the prosecution, he has to show empirically how he reached that conclusion. If it is based upon what he was hearing from GMs, then that is just hearsay fact testimony. Instead, TSJ would instead have to get the GM to come in and say that in doing their draft analysis, they would have taken TSJ at number 10 but the fact of the prosecution dropped him off their first round board - is that possible, IDK, but I would not expect that kind of testimony, though it might well be admissible. I just don't think some draft analyst is going to be allowed to give his opinion of where TSJ would be drafted.

Interesting, such a limitation one the waiver of sovereign immunity would cut off any claim above that against Douglas County. Haven't looked into it, but it may not offer much protection to the DA or the detective from being sued personally.
As an attorney that has tried cases with experts in them, experts absolutely can and do rely on hearsay and other inadmissible evidence to form their opinions, as long as it is the type of information experts in their field commonly rely on.
 
#128      
As an attorney that has tried cases with experts in them, experts absolutely can and do rely on hearsay and other inadmissible evidence to form their opinions, as long as it is the type of information experts in their field commonly rely on.
Agreed but the "expert" just can't regurgitate what they have been told as their opinion (i.e. they can't say their opinion is that TSJ would have gone 10th to the Clippers because the GM of the Clippers told them they would have taken TSJ in the 10th but for the investigation - that is not an expert opinion, it is hearsay).
 
#130      
Good Game Handshake GIF by GIPHY Gaming
 
#131      
Agreed but the "expert" just can't regurgitate what they have been told as their opinion (i.e. they can't say their opinion is that TSJ would have gone 10th to the Clippers because the GM of the Clippers told them they would have taken TSJ in the 10th but for the investigation - that is not an expert opinion, it is hearsay).
Yes but the expert will be an economist who is there to opine on TSJ's losses. His opinion will be about how much TSJ willl have lost over his lifetime as a result of not being drafted where he would have been. Where he would have been drafted will be an underlying assumption based on, in your example, what the Clippers GM said. It won't be "the opinion," it will be a data point the expert relies on to come to the opinion.
 
#132      
Yes but the expert will be an economist who is there to opine on TSJ's losses. His opinion will be about how much TSJ willl have lost over his lifetime as a result of not being drafted where he would have been. Where he would have been drafted will be an underlying assumption based on, in your example, what the Clippers GM said. It won't be "the opinion," it will be a data point the expert relies on to come to the opinion.
I hope you are right, but I am not so sure you can convince a judge that expert economists reasonably/customarily rely on NBA draft analyst opinions for purposes of establishing lost income (the economist's opinion based upon a draft analysts' opinion based upon hearsay statements of NBA execs is certainly approaching junk science if not already there). You forced me to take a look at my Evidentiary Foundations book by my old evidence professor Edward Imwinkelried and it says there is a split of opinion of whether hearsay reports from third parties can be relied upon if they do not otherwise fall within an exception to the hearsay rule (have no idea what Kansas law is and I refuse to look). BTW if you are like me and don't do a lot of trial work, Evidentiary Foundations is an awesome resource.
 
#133      
Edward Imwinkelried? What? That wasn’t in my bill of rights!
 
#134      
Update on TSJ's Persecutor District Attorney Valdez

You really can't make this stuff up . . .

November 14, 2024: Douglas County District Attorney Suzanne Valdez is requesting leniency from the Kansas Supreme Court in the disciplinary matter against her, arguing in part that "she has already been “severely punished” by the media, which she blames for her election loss."

SHE'S BEEN SEVERELY PUNISHED??? REALLY? How do you think TSJ feels Ms. Valdez?

Douglas County DA Valdez asks Kansas Supreme Court for ...

Lawrence Journal-World
https://www2.ljworld.com › news › public-safety › nov
 
#135      
Update on TSJ's Persecutor District Attorney Valdez

You really can't make this stuff up . . .

November 14, 2024: Douglas County District Attorney Suzanne Valdez is requesting leniency from the Kansas Supreme Court in the disciplinary matter against her, arguing in part that "she has already been “severely punished” by the media, which she blames for her election loss."

SHE'S BEEN SEVERELY PUNISHED??? REALLY? How do you think TSJ feels Ms. Valdez?

Douglas County DA Valdez asks Kansas Supreme Court for ...

Lawrence Journal-World
https://www2.ljworld.com › news › public-safety › nov
 
#138      
Coincidental that the release of this BU snippet praising TSJ's poise and equanimity a year ago in the face of this defamation occurred on the same day when Crystal Magnum finally confessed to lying when she accused the Duke lacrosse team of rape in 2006.

That alleged assault was almost immediately shown to have been a hoax, via the single-minded investigative reporting of KC Johnson while the mainstream media dogpiled the players. Yet Durham County DA Mike Nifong zealously pursued the case. He was ultimately convicted of prosecutorial misconduct, resigned, was imprisoned, and disbarred.

Ms. Magnum is currently imprisoned for the 2013 stabbing murder of her boyfriend. There's not a deep enough circle of hell for such people as Nifong, Magnum, and Suzanne Valdez, whose ambition and vanity leave a wake of ruined lives and reputations. Fortunately, Ms. Magnum appears now to understand her perfidy, and to have repented. Or perhaps she's simply up for parole soon and seeks to curry favor.

 
#139      
Update on TSJ's Persecutor District Attorney Valdez

You really can't make this stuff up . . .

November 14, 2024: Douglas County District Attorney Suzanne Valdez is requesting leniency from the Kansas Supreme Court in the disciplinary matter against her, arguing in part that "she has already been “severely punished” by the media, which she blames for her election loss."

SHE'S BEEN SEVERELY PUNISHED??? REALLY? How do you think TSJ feels Ms. Valdez?

Douglas County DA Valdez asks Kansas Supreme Court for ...

Lawrence Journal-World
https://www2.ljworld.com › news › public-safety › nov
U Mad Bro Drinking GIF by Travis


(Obviously directed squarely at Ms. Valdez, clearly NOT at @oskeewowwowboomtime )
 
#140      
Update on TSJ's Persecutor District Attorney Valdez

You really can't make this stuff up . . .

November 14, 2024: Douglas County District Attorney Suzanne Valdez is requesting leniency from the Kansas Supreme Court in the disciplinary matter against her, arguing in part that "she has already been “severely punished” by the media, which she blames for her election loss."

SHE'S BEEN SEVERELY PUNISHED??? REALLY? How do you think TSJ feels Ms. Valdez?

Douglas County DA Valdez asks Kansas Supreme Court for ...

Lawrence Journal-World
https://www2.ljworld.com › news › public-safety › nov

UPDATE ON TSJ PERSECUTOR DISTRICT ATTORNEY VALDEZ DISCIPLINARY CASE: In response to Valdez claim that she had already been "severely punished" in her plea for leniency to the Kansas Supreme Court, the Special Prosecutor in a brief filed this week argued that "FOR PUBLIC MISCONDUCT, DA VALDEZ DESERVES PUBLIC CENSURE AT A MINIMUM . . . A PUBLIC WRONG DESERVES A PUBLIC PUNISHMENT".

The lawyer representing Valdez had argued last month in his brief that Valdez professional reputation would "continue to be harmed and it may be difficult for her to pursue other professional opportunities if a formal censure is ordered". In her plea for leniency, Valdez also indicted that she "no longer desires or intends to serve as a prosecutor or to seek public office".

Talk about living in denial! Hard to serve as prosecutor when you get less than 10% of the vote as an incumbent in your own party's primary election!

For public misconduct, DA Valdez deserves public censure ...

Lawrence Journal-World
https://www2.ljworld.com › news › public-safety › dec
 
#144      
#146      
Another Shannon hater taken out. Is he too violent to be allowed to roam the streets?
I haven’t lived in Chicago for 16 years now, but I still remember how much of a jerk Bernstein was to nearly everyone who called in to his show. Hope he turns over a new leaf but doubt it.
 
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