MLCommons/peoples_speech_v1.0 huggingface dataset:
about the use of be eighty five percent calculation for of the sentence for having days of me come three and i hope to touch on that by the end of my argument but aside from the son the same issue we raise thr issues in which the defendant seeking a new trial the first argument the brief is that the defendant was denied a continuance by the judge in the choice of been allowed before the trial began i've also  witness accomplice instruction and that's a preserved issue i intend to stand with me suffer membership on the jury instruction and then cover the denial of the containments for if i have time to reach the statutory construction argument which is that the heart of the game five percent sensing issue now there is a witness who started the police song to my client's trail and know that the court was just not willing to risk the use of that day in order and that's really in the proper balancing of the factors so let's look at i was born did not know what was going to happen of the fact that the original intent was to go and buy our comics based on current is law it would definitely clear is that because the structure was a problem it should've motion to continue acquainted with howard ellis for a month and here i don't know why they would have been able to pick him out of a federal spread because i don't have any record of shows that aaron had any love of the history that the defendant was trying to perpetually prevent his trial from starting or that there was never going to be any real hope of these family members getting down to peoria that's right i think the courts have been more quick to affirm the discretion of the trial judge when it's looking like one hundred one over on him we don't have enough of a history of that here and granted this was not
exceptions and therefore it doesn't apply retroactively and candidly i know that those are the same arguments that this court has rejected and i don't and i think the my hands to that is only that you know again now the higher court is taking the kids in her new case that render a mandatory life sentence natural life no parole to a juvenile or a person who was a juvenile at the time of the offen that the miller said that it shall not be a mandatory it could be but it can not be a mandatory no discretion application of that rule yes and they're informed therefore this was an improper not going back and taking that stitching off the books we're simply saying there's a portion of that statute that if you apply it it's going to violate the constitutional rights of a person who's sentenced under therefore we we he's going to get his case heard on the merits solution just like and which frankly the trial court was that was the trial court's position which was do we have to talk about technicalities you know i in spite of the mandatory nature of this i'm going to make trainings as to brutal or to you know serve some other type of trainings like that what would your position be t boys versus avoidable so perhaps it was nothing more than a mistake of tom i guess we do that was so i didn't see the supreme court usually tells us in the supreme court even admits they do it themselves but i don't think this particular case ethan is the sentence for some reason is not what they would not be a reason to reverse the circuit courts rule in this case and that's because the two year time limit in section two dish fourteen zero one is not a limitation of the jurisdiction of the circuit court this court recognized separate justice at the end of our of our first brief in this case and people being pulled wacky which relies upon the belleview of bellville toyoda case is not a so the point is that it is a bit of a red herring but even if it was not a red herring it is the case that he said that his post here was the way it is miller is retroactive and then because under miller petition and that's really what it needs to be and let mr area have his sentencing hearing thank you think  or at least i'm trying to go back if miller says mandatory life sentence is unconstitutional and shall not be imposed is mandatory how can how can that just be avoid miller and that's really all talking about whether or not the decisions that that mean as a society made over the years to get to the point where we get mandatory natural life for children or juveniles or any
think there's nothing to worry about really way not to take away his house everything he has he might go to the prince's solution to commission or to go if he asks for a commission you have to learn to think properly and my thought up into the pleases you go to your room don't waste your either lend it to me or not you were a good customer what i should say i want to put it on the bill and don't forget selling an account on call today but i our young gentleman is going to play every is that the best you can do for me i thought i was supposed to be a king or a real gain or they have dozens of beautiful females lying around on question and offering him drink and he's saying this a lot is my shepherd i shall not he may cause me to lie down in green pastures he leads me beside the still  you shall read the lesson tonight that sees you know all the time even when you're obligation is on this charge you cannot get married again and this you pay into the court of chancery the sum of twenty i can't lie to you that is in god's hands
fun to watch a drummer to try to rock out of this one
it would just be too difficult to do so i think instead maybe we have like a six month period where if you get stopped you're not getting that you won't get a ticket just be told you can't do this anymore and then go from there  and that's how i picture it gives people plenty morning that gets them into the notion of you can't smoke in a car with kids and once that six mere six month period end so couple items here the first one is the final review of the upper union street bed budget and we calling on our our new  really have concerns about try to circumvent the system here and then have folks look at it and think that that wasn't the most ethical thing for us to do or even or even legal i mean i don't agree with going in again coming from state government  what about some of the existing structures that are available to maybe make it into a green roof where the school district to use washington irving something along those lines have you checked into that  think that's a real concern at least of myself i don't know perhaps others but the numbers just don't seem to be there and i don't want to see you get so far down the  but i think just wait to see what happens with that because that really would change entire picture you know once we find out who has ownership in my room then we can proceed with some definite plan some strategy moving forward rather than just being very generic at this
everybody i don't know you know i never asked you before but that when asked when they're called on goal lose i always thought it was written about this part we really do practice pretty much right on the other side of those trees out there that's our home base in every time i listen to  gathering thunder cloud that's not happening tonight thanks so much for the group jericho locks really appreciate you coming out tonight what i agree concert in the park series we're really glad to be here thanks to the people for having us
fully participate in decision he's unable to be here this morning if both the trees could step up and identify yourself for the record that the defining is a tall over six feet african american male and he's wearing a white hat with dark clothing the nine with one phone call a better way just within minutes of this sweating profusely at all of you that that is indicative of acting like it's suspicious manner and then there was the there were the items in the car that's correct your honor their items fitting the description that that case i patrolling officers were dispatched a description of chu african american males in their twenty's that was a saturday evening there were snow banks an officer is immediately in the area within minutes and s an individual just one individual in a car parked car leaning back as your honor i've noted acting suspicious in that manner and there's really no one else in this area the officer approaches and of the definition contains two parts one is that there's a reasonable likelihood that person committed a crime and the actually the offender that minute right in this case we have to return to the scene when he's actually identified so how does that double the two parts of the plan how how are they it's hard to believe that those items were placed in the  you have a few minutes or think you that fits the description is there not a reasonable suspicion that this particular car might be being driven by the offender in the recent intrusion op to return the person if it's close in time to close proximity to pay out the victim or i witnessed either rule the person in or out i mean there there are numerous cases that hold that and they reasonable suspicion and that the police had the right to bring him back for that brief period of time to determine one way or the other whether was that we reviewed to know does it matter that you know the officers thought they had probable cause if we conclude at the end of the day that when they brought it back they had a reasonable suspicio
judgment and you know we're already strings torn judgment usually procedural rule and we recognize you know  rule on the merits of your position that your advocate they brought in the program they did ok and the court of appeals basically said you've it was it was a it was a verbal agreement and actually if i went to the hello or our brief you know there's a reason they didn't write down this agreement it's pretty important to exhibit a a sixty nine i think  half a million dollars then we'll release your personal guarantees and you hand over the property and we're done that was that was the deal if been you look at covering all of those issues because what good you ask you know what was the underlying back i don't want to be hard we don't want to be callous but the underlying facts really are already unless there
where i might do that what are stuck you don't need all of that range land i'll give you a good price for it on the privilege of driving a cab across at any time you want to i told you before i'm not selling an acre i don't need cash all right that's where you feel about it that's the way it is them open for chicken feet that's right you know you're after finding things are going to be a lot different around here from now on rumor you think so yes i think so  the town brokers i'm sitting pretty good sense to me whatever gave you the idea that down with girl i don't like to have people too curious about my business and so i have to see nosy i didn't mean to be and i just dropped in to get acquainted going out look some of the game's over maybe i can take some of your money and you're welcome to try it but i'm here for i don't like the entrance to the show and when he found one of these broken matches in front of the bar he acted like it was important but i'm worried about playing they tell me he's going like a crazy man who has already lost more than he can afford can't you do something well he's always been a stubborn crust and wouldn't start that your idea of a joke well i'll give you something to laugh about  and up my range and i'm not in business to collect these autographs i'll let you play on the cuff and i expect you to pay off you know i have a way of taking care of one through a careful who you call a roach or i'll tell you what i'll do i'll put that property up o that you hear anything no you better not drink any more that stuff or you'll be seeing  you know it was it was dark in here and you moved too fast for me to get a good look at it  what's the matter boys been having trouble i heard gunfire things up around here didn't it you wouldn't be knowing anything about it when you're me why should i know anything about it i'm asking questions you answer them maybe you thought i was fooling when i told you to keep your nose out of my business could be that you're nervous about something and just imagine that i'm interested in your business you know i could have imagined that you had a very fatal accident and i would take a pretty strong imagination i've always been lucky about not having any accidents you could overplay with my finished in case at the same time i've got the mortgage you can take over the property just as soon as he  some men seem to be afraid to hope for some reason or another take it easy you're being stampeded now making a fool of yourself you can't talk yourself out of it now get going i'm not going let you stand the way of a job i came here to do
you know i was riding herd lost all last night last night come on i think that's got going and i are going out again this afternoon i'm not give up oh all right i'll get in touch with you this e haven't given up hope something tells me dad going to come back jim you refuse me so many times why don't you marry me let me take you out of all this oh i can't give you an ounce and i'll just it's something i not that's right have seen him because that's a good idea we'll drop him later want you to have a look at more than that i hope you find a man who killed him column must have many many things to talk about rusty i have some pies to big in the kitchen and i'm going to bake one especially for you just like i used to remember wow that is one of the man who shot and robbed me and there is the other one
that will be in the way that was vivian who vivian late never heard of her but i got to get back to the figure we not only call attention to the gown but we also emphasize the vanity without stressing it too much man it sounds all right very good like that then now that looks much better and is there anything wrong with carol over there now i'm in a while i think that oh nothing wrong with carol she looks be back in the good everything looks lovely everything is but i was just one more thing to say break i think they care oh look much better over here on the bed than over there because over here she would um i guess you didn't like it patient i walked out of my billet one of maybe two thousand bucks to get there on time sedan license and be in column one six be nine eight eight one six be nine eight eight why do you have that woman reported in the back seat of her man is dangerous maybe armed others accident simply met wait a minute now it gets started right from the beginning well to begin with mr sevan when let me touch you so there's another man in the case jealous very not but he thinks a lot of it whoever the gal is he certainly has a dainty foot are they going to do about it well i i don't know nothing like this ever happened before how do you know it had that because you didn't catch him doesn't that didn't happen  divorce yes being a gentleman you naturally won't fight the case in fact i'm sure you'll agree that the more quietly and the less scandal be attached to it now about the property settlement where the i am the only just a moment community property just a moment please mr campbell and i will take care of the details if you would just sit on the quiet required of them my own home i bought my own divorce well there's a fine state of affairs i can't open my mouth in my own home let me tell you something i'm i didn't know your husband had to the violent temper i think you don't i shall take steps to protect you from any further outburst thank you i think i'll go to my room i hope i haven't broken up the game was winning we just started we just happen to have all of the well it's pretty hard to beat someone that's all the car especially if you know how to play  you old darling what do i care there's nothing to me it's good for the  through listening to you fed up with being shoved aside you can't tell me i'm going out of business they can get away with it why don't you come clean and tell me rushing one of those rich client of yours how do i know you're not planning to marry me that you're acting like oh well i'm sick of the way you are treating me i'm staying in here
prejudicial evidence was defense counsel first started to the jury in his opening statements that the witnesses were not credible witnesses that they were not people that they believe were trusted so the jury was put on grave that the defendant believed that that was the case therefore they were you know they were given a heads that they should have been looking closely at those witnesses and wasn't based on the rejection of this particular proposition that the people sided there in their brief review of the federal court's decision shows that failing to investigate and actually bring out those contradictory pieces of the evidence stronger or a jury that doesn't exist in the present case there's nothing defendant about having a videotape of him at the gas station which was very close to the scene of the shooting and detective perry stated i believe that this is a common thing that is done in place departments and apparently the jury only has other courts in the state and in fact the country  determines that it is necessary at times to use deception you know order to counteract the deception that is used by the suspects to get them to open up  their lunch during shortly after they retired it says on the record excuse me at twelve fifteen or twelve and that's when they requested carefully review that videotape that's what they did here and this shows that they just were carefully reviewing all of the evidence weighing all the evidence and trying to reach a decision argued the evidence was not closely now in this case there was no evidence presented to contradict the state's evidence prevented the second the second problem is where
and on the other side of that break i'm going over what it is
talking about the first case i want to ask a question about this third place ok order of the tourney fees that you received in this case was for the four hundred fifty thousand dollars you
quote unquote other people then they questioned me about the things concerning the store since i did not tell them anything more concern you know owner of the store since they couldn't get anything out of me they started beating me with their a talking about the focus on the employer is that since chad could not get further information about the employer and since the interest of the police was in the poor it goes to the question of whether chen is going to references of evidence in the record that the that chen is from check himself that chen's employer had some kind of tie to taiwan and that the police were interested in what that time it was that  one was you know originally the police were talking footwork talking to chan about the employer but their focus changes when they realize that chen isn't going to get anything the focus shifts isn't going to give him a think excuse me the focus shi chen to the employer and chen himself testifying that asked why sure boss the main focus of the police in other words was the boss really the person who was being investigated and he answered yes and that's  page ninety two of the records and so that's one thing you know this big issue that demonstrates the change in circumstances that occurred is that chen was in china named in china for more than a year after this incident and persecuted that this had he remained i think what he could have anticipated is not is simply that there would have been for their reporting so until that just stopped he specifically ten by that he feared that if he went back since they will find out that i escaped and left him upon my return i would lose my freedom of belief and i believe that i would be detained for a long period of time like they did to my boss because i did not continue to report and also being warned me that i should not believe in god anymore so that is a sanction for having left while under you know being told to report it it's it is not the sanction for future persecution for refus g proselytizing there is nothing in the record chance council concedes there is no statement in the record that he intended to proselytize when you returned so what he feared suffering was the show how many more times that we have the only thing in the record is the petitioner statement that he would be in trouble because he quote unquote escaped there's nothing in the record for example as pitchers counsel says china's a big country if you're the person when he returns if he returns he suffers consequences for leaving but he doesn't suffer consequences for the proselytizing the consequences for the proselytizing were demonstrated that he had the physical that he shorter and shorter because again the focus was on his boss and when it became clear that he didn't have information about the boss they were not really interested in him as he could see in the record that it was a change of circumstances f what happened to him based on his sharing of the gospel in the workplace over time it became diminished had he stayed everything to record shows there would be no further the record fails to show that we've been any further