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Rick Villarreal termination watch thread


UNT90

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It is interesting because this as far as I'm aware is 100% hearsay.  However it is recited as gospel here on GMG.com

it's not hearsay, at least as far as a number of them is concerned.

I mean, one of them (Fly) came on here and told us as much. Straight out. And implied they all thought this way.

 

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not at all. But believe what you must. 

I'm not saying I don't believe it but by definition it is hearsay.  Your internet buddy told (maybe you know him I have no idea, I'm choosing to guess that you do indeed know him) you he heard from someone else and you believe it.  That's fine but that is hearsay. 

RANGERS UP 2-0

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Stan is correct, here. 

Federal Rules of Evidence, Rule 801

(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

(b) Declarant. “Declarant” means the person who made the statement.

(c) Hearsay. “Hearsay” means a statement that:

     (1) the declarant does not make while testifying at the current trial or hearing; and

     (2) a party offers in evidence to prove the truth of the matter asserted in the statement.

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Stan is correct, here. 

Federal Rules of Evidence, Rule 801

(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

(b) Declarant. “Declarant” means the person who made the statement.

(c) Hearsay. “Hearsay” means a statement that:

     (1) the declarant does not make while testifying at the current trial or hearing; and

     (2) a party offers in evidence to prove the truth of the matter asserted in the statement.

Is he? Did you know Internet and text message writings are considered written statements and can be used as such at trial if they can be authenticated? Authentication occurs through people who have communicated both with Fly on here and in real life and can say he is the same. We can also get Harry a subpoena for the subscriber info for that screen name and then follow up with a search warrant for Fly's residence to seize computers and check to see if he was logged into GMG on that computer when the comment was made. That is, if there was any criminal offense beside ms that Portland St ass whipping. There obviously isn't. 

So, when Fly, who is a member of the 17, writes on this board that RV is safe with him, that is not hearsay. Quite the opposite. It's actually a written statement. 

Also, Fly didn't cross any state lines. There is no federal jurisdiction here. You need to refer to Texas law for guideance on this issue. Surprised you didn't know this. 

Fly could also be called to rebut the 17 when they say they never told anyone they support RV. But that's another issue all together. 

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Um...I don't know where the suit is filed, nor where all the parties reside or do business.  But, Texas Rule 801 is the same as the Federal Rule...as most are...so...:

The following definitions apply under this article:

(a) Statement. A "statement" is (1) an oral or written verbal expression or (2) nonverbal conduct of a person, if it is intended by the person as a substitute for verbal expression.

(b) Declarant. A "declarant" is a person who makes a statement.

(c) Matter Asserted. "Matter asserted" includes any matter explicitly asserted, and any matter implied by a statement, if the probative value of the statement as offered flows from declarant’s belief as to the matter.

(d) Hearsay. "Hearsay" is a statement, other than one made by the declarant while testifying at a trial or hearing, offered in evidence to prove the truth of the matter asserted.

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Um...I don't know where the suit is filed, nor where all the parties reside or do business.  But, Texas Rule 801 is the same as the Federal Rule...as most are...so...:

The following definitions apply under this article:

(a) Statement. A "statement" is (1) an oral or written verbal expression or (2) nonverbal conduct of a person, if it is intended by the person as a substitute for verbal expression.

(b) Declarant. A "declarant" is a person who makes a statement.

(c) Matter Asserted. "Matter asserted" includes any matter explicitly asserted, and any matter implied by a statement, if the probative value of the statement as offered flows from declarant’s belief as to the matter.

(d) Hearsay. "Hearsay" is a statement, other than one made by the declarant while testifying at a trial or hearing, offered in evidence to prove the truth of the matter asserted.

See, this is the problem. You see this as a civil situation. I see what has been done to this AD as a crime, and a crime committed completely inside the state of texas.

So, go back to your Westlaw account and pull up hearsay rules for Texas Criminal Procedings

Edited by UNT90
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Maybe someday Ernie Kuhne will realize what everyone else does. His close personal friend can't get it done.

Former student-athletes, current student athletes, employees of AD, vast majority of the fan-base, students, media, other CUSA fan bases, virtually everyone outside the BOR & Major Donors...

"The needs of the many outweigh the needs of the few" - Spock (unless the few have all the money, then the many be damned!)

Edited by MeanGreenD
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Former student-athletes, current student athletes, employees of AD, vast majority of the fan-base, students, media, other CUSA fan bases, virtually everyone outside the BOR & Major Donors...

"The needs of the many outweigh the needs of the few" - Spock (unless the few have all the money, then the many be damned!)

We need new donors. Let's start a fundraiser.

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