Ocho and/or Tree ----- Quick legal Question

[Overnight]

...

Legally carrying a gun and using it in self defense is not the same as picking up a knife and stabbing someone....

Ironically, I was served with a Jury duty summons this past week. Process starts in October. It will most likely be a civil trial based upon the court building.

Would love to sit in a criminal trial for once (Last time was a civil damages case) and feel what it is like to be a robot and try to weigh evidence like that. Could help trading! But a civil trial will do.

 

[El OchoCinco]

Yeah, and my question was basically what is fair game in discovery. Almost generic, but it is specific in this case since proprietary algorithms are involved detecting bots etc.

this is not going to any discovery in my opinion. If there is a contract issue it will go to arbitration and there is no discovery wide open for non material issues, only whether one party violated the terms of the contract. No one gives a shit why so Musk does not get to tlak about bots and other fantasies. If contract says he committed with his actions and is in default then he will have to pay penalties under the contract settled by arbitration.

9 out of 10 major contracts have arbitration clauses.

 

[vanzandt]

Yeah, and my question was basically what is fair game in discovery. Almost generic, but it is specific in this case since proprietary algorithms are involved detecting bots etc.

And its funny when I asked, no one was talking about it... now it's all the buzz across all the financial talking heads.
And that's why I asked.... if Twitter has been less than transparent long before Elon (I wrote verbatim this AM) >>> watch out below.

 

[El OchoCinco]

Ironically, I was served with a Jury duty summons this past week. Process starts in October. It will most likely be a civil trial based upon the court building.

Would love to sit in a criminal trial for once (Last time was a civil damages case) and feel what it is like to be a robot and try to weigh evidence like that. Could help trading! But a civil trial will do.

Got jury duty only once (able to get out of many other summons) and figured being a lawyer at the time was a one way ticket out. Sadly both attorneys had no objection and I sat for a drug possession case. We spent the first 30 minutes of deliberation handling the crack cocaine in the evidence bag because I had never seen it up close. 2 half days and then an hour or two deliberating so not a major case by any stretch. I definitely would not want one of those 2 week murder trials. White collar crime would put me to sleep.

 

[Overnight]

See Tony>>>> this is what's called an intelligent response. Now it can be debated, but the fact remains, in the immortal words of Judge Chamberlain Holler >>> "That is a lucid, intelligent, well thought out objection."

You guys just had to go there, didn't you. You know I cannot resist.

El Gato, I will need you as my attorney when Baron puts me on trial for video spam.

 

[vanzandt]

this is not going to any discovery in my opinion. If there is a contract issue it will go to arbitration and there is no discovery wide open for non material issues, only whether one party violated the terms of the contract. No one gives a shit why so Musk does not get to tlak about bots and other fantasies. If contract says he committed with his actions and is in default then he will have to pay penalties under the contract settled by arbitration.

9 out of 10 major contracts have arbitration clauses.

Well, (i also posted earlier) the option action on the whale side of things today was most definitely bullish for TWTR. We're talking 10's of millions in bull put spreads.

 

[El OchoCinco]

You guys just had to go there, didn't you. You know I cannot resist.

El Gato, I will need you as my attorney when Baron puts me on trial for video spam.

 

[Overnight]

...We spent the first 30 minutes of deliberation handling the crack cocaine in the evidence bag because I had never seen it up close...

Lol, are you serious? So you fondled what is effectively baking soda powder that has congealed. That was a weird jury box!

 

[vanzandt]

The problem with the NY case is self-defense usually has to be in kind. Someone comes to punch you in a bar fight, you cannot pull your gun and shoot him. If you are going to kill someone then there has to be a serious threat to your life a reasonable person would believe could lead to the lose of their life.

If you pick a fight with me in the bar I cannot take a knife and stab you. Self-defense cannot be used to respond with a higher level of violence you receive by simply claiming you feared for your life. Of course this is a standard which cna be debated to a jury as to whether the person feared for their life and responded with a reasonable action to defend themselves and perhaps did not intend the consquences of the person dying.

This case is a little grey because the guy came behind the counter and assaulted the man twice and I am hearing he woman got in on the attack as well. An older man against a taller younger person being aggressive, the old man grabbed a knife to defend himself. He could merely have been trying to get him off of him and get away stabbing him 3 times which led to his death.

Another issue is he had a kitchen knife behind the counter and that might not be legal having a weapon like that.

Video shows the victim was aggressive and the old man did nothing wrong to warrant that. It was not necessarily an accident but was not clear murder. I think going behind the counter and shoving and grabbing the old man is enough to support a claim of self defense a jury could easily agree with if it should get that far.

I think any DA would see the extreme difficulty in bringing such a case and have a good chance of winning which means charges will either be reduced to a lesser manslaughter or dropped altogether.

Legally carrying a gun and using it in self defense is not the same as picking up a knife and stabbing someone....

This will be a very interesting case though. I bet he doesn't plead down and it goes to trial. Unless they offer some kind of manslaughter with probation and no time.

 

[El OchoCinco]

Well, (i also posted earlier) the option action on the whale side of things today was most definitely bullish for TWTR. We're talking 10's of millions in bull put spreads.

Implied vols still relatively high I think on TWTR options so I can see plenty of sales of puts OTM with some hedges ot make them bull put spreads. Musk being out of the deal or having ot buy above market are both bullish for twitter I would think so stock could see significant support here.

I could see support in the $25 - $30 range.

Near weeklies trading at 80% vols and 1 month out still above 70%.

OTM put spreads out 1 month trading at 75 - 80%.