Beyond The Horizon Bobby Capucci

Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:
Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.


As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.



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to contact me:

bobbycapucci@protonmail.com



source:

PDF.COMMONWEALTH - Google Drive

Massachusetts Rule of Criminal Procedure 17 (Mass. R. Crim. P. 17) outlines the procedures for subpoenas in criminal cases within the Massachusetts court system. Here's a detailed summary of its key provisions:
Authority and Purpose: Rule 17 derives its authority from the Massachusetts Supreme Judicial Court and is designed to facilitate the production of evidence and the summoning of witnesses in criminal proceedings.Issuance of Subpoenas: The rule allows for the issuance of subpoenas by the clerk of the court, a notary public, or any attorney authorized to practice law in Massachusetts. Subpoenas may be issued for the attendance of witnesses or the production of documents or other tangible evidence.Form and Content: Subpoenas must be issued in writing and must command the person to whom it is directed to attend and give testimony, or to produce specified documents or tangible things, at a specified time and place.Service of Subpoenas: Subpoenas may be served by any person who is not a party to the case and who is at least 18 years old. Service may be made by delivering a copy of the subpoena to the person named in it, or by leaving a copy at their residence with a person of suitable age and discretion.Witness Fees and Mileage: Witnesses who comply with a subpoena are entitled to receive witness fees and mileage reimbursement as provided by law.Protection of Persons Subject to Subpoenas: Persons subject to subpoenas may seek protection from undue burden or harassment by filing a motion with the court. The court may quash or modify a subpoena if it is unreasonable or oppressive.Contempt for Failure to Obey Subpoena: Failure to obey a subpoena without reasonable excuse may result in a finding of contempt by the court. Contempt may be punished by fines, imprisonment, or other sanctions.Service of Subpoenas Outside the Commonwealth: The rule provides procedures for the service of subpoenas outside the Commonwealth of Massachusetts.Service of Subpoenas on Behalf of the Commonwealth: When the Commonwealth is the party seeking evidence or witnesses, subpoenas may be issued and served by any attorney authorized to represent the Commonwealth.Notice to Parties: The rule requires that notice of the issuance of a subpoena must be given to all parties in the case.Overall, Mass. R. Crim. P. 17 is designed to ensure the efficient and fair gathering of evidence and witness testimony in criminal cases, while also providing protections for individuals subject to subpoenas. It establishes clear procedures for the issuance, service, and enforcement of subpoenas within the Massachusetts court system.


As we continue to get prepared for the Karen Read trial that kicks off April 29th, we are now takign a look at the Commonwealth's memorandum in opposition to defendants motion pursusant to rule 17 of criminal precedure directed to Brian Albert, Verizon and AT&T.



(commercial at 8:42)

to contact me:

bobbycapucci@protonmail.com



source:

PDF.COMMONWEALTH - Google Drive

A memorandum in support of a request for dismissal of a complaint is a legal document submitted to a court that outlines the reasons why a complaint should be dismissed. This type of memorandum is typically prepared by the defendant or their legal counsel and presented to the court as part of the pre-trial proceedings.

In this document, the defendant usually provides legal arguments and evidence to support their request for dismissal. This could include demonstrating that the complaint fails to state a valid legal claim, that there is a lack of jurisdiction, or that there are other legal grounds for dismissal.

The memorandum serves as a persuasive tool for the court, aiming to convince the judge that the complaint does not have merit and should not proceed to trial. It is important for the memorandum to be well-researched, clearly written, and supported by relevant legal precedent.


In this episode we begin our look at the UMG memorandum in support of dismissing the complaint filed against them by Rodney Jones.   


(commercial at 7:27)

to contact me:

bobbycapucci@protonmail.com


source:

gov.uscourts.nysd.616406.41.0.pdf (courtlistener.com)

A memorandum in support of a request for dismissal of a complaint is a legal document submitted to a court that outlines the reasons why a complaint should be dismissed. This type of memorandum is typically prepared by the defendant or their legal counsel and presented to the court as part of the pre-trial proceedings.

In this document, the defendant usually provides legal arguments and evidence to support their request for dismissal. This could include demonstrating that the complaint fails to state a valid legal claim, that there is a lack of jurisdiction, or that there are other legal grounds for dismissal.

The memorandum serves as a persuasive tool for the court, aiming to convince the judge that the complaint does not have merit and should not proceed to trial. It is important for the memorandum to be well-researched, clearly written, and supported by relevant legal precedent.


In this episode we begin our look at the UMG memorandum in support of dismissing the complaint filed against them by Rodney Jones.   


(commercial at 10:54)

to contact me:

bobbycapucci@protonmail.com


source:

gov.uscourts.nysd.616406.41.0.pdf (courtlistener.com)

Bryan Kohberger and his legal team were granted the right to continue with their survey in Idaho in hopes of securing a change of venue for the trial.   However, there are many pitfalls that come with this strategy.    

In this episode we dive into the gamble by Kohberger and breakdown what it might mean for his overall strategy moving forward.  



A survey used by lawyers to request a change of venue could backfire in several ways:
Bias in Survey Sampling: If the survey is conducted among a biased or non-representative sample of the population, it could be challenged by the opposing party as being unfair or manipulated.Public Perception: If the survey becomes public knowledge, it could sway public opinion against the lawyers' desired venue change. For example, if the survey is perceived as biased or manipulative, it could lead to negative publicity for the legal team.Opposing Counsel's Strategy: The opposing counsel could use the survey results to their advantage by arguing against the change of venue. They might question the validity of the survey methodology or present counter-evidence to refute its findings.Court's Scrutiny: The judge overseeing the case may scrutinize the survey methodology and findings, especially if there are doubts about its fairness or accuracy. If the survey is deemed unreliable or biased, it could weaken the lawyers' argument for a change of venue.Prejudicing the Court: If the survey results are presented in a way that seems manipulative or designed to prejudice the court, it could backfire by undermining the lawyers' credibility and damaging their case.Legal Precedent: If the use of surveys for change of venue requests becomes a contentious issue in the case, it could set a precedent that affects future legal proceedings, potentially limiting the use of surveys in similar circumstances.Unintended Consequences: Sometimes, survey results can have unintended consequences or reveal information that was not anticipated. This could lead to unforeseen challenges or complications in the legal strategy.
(commercial at 8:02)
to contact me:

bobbyccapucci@protonmail.com


source:

Bryan Kohberger's Lawyer Is Betting on 'Strategic' Move (newsweek.com)

A request for a summary judgment in court is a legal motion made by one party in a lawsuit, asking the court to decide the case in their favor without going through a full trial. This request is typically made when one party believes that there are no genuine disputes of material fact and that they are entitled to win the case based solely on the law and the facts presented in the pleadings, documents, and evidence that are part of the case.Here's how the process generally works:
Motion for Summary Judgment: The party seeking a summary judgment will file a motion with the court, outlining the legal arguments and presenting evidence to support their claim that there are no material facts in dispute and that they should win the case as a matter of law.Response: The opposing party has the opportunity to respond to the motion, disputing the legal arguments and presenting evidence that suggests there are genuine disputes of material fact that require a trial.Reply (Optional): The party seeking the summary judgment may file a reply to respond to the points made by the opposing party in their response.Hearing: The court may hold a hearing to consider the motion for summary judgment. During the hearing, both parties may present their arguments and evidence orally.Judgment: After reviewing the motion, responses, and evidence, the court will decide whether there are genuine disputes of material fact. If the court finds that no such disputes exist, it may grant the summary judgment in favor of the moving party. If disputes do exist or if there are issues of law that need further consideration, the court will deny the motion, and the case will proceed to trial.Summary judgment can be a way to expedite the resolution of a case when there are no significant factual disputes and the legal issues are clear. However, it's up to the judge to decide whether to grant or deny the motion, and it's not always granted. The judge's decision is typically based on a careful examination of the evidence and legal arguments presented by both parties.


After the USVI requested a summary Judgement, Judge Rakoff responsed that he will have an answer for them by the end of September. The trial is scheduled to kick off on October 2nd.


(commercial at 11:25)

to contact me:

bobbycapucci@protonmail.com



source:

US Virgin Islands seeks judgment against JPMorgan for financing Epstein’s sex trafficking | Courthouse News Service