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re: Darius Miles

Posted on 5/6/23 at 8:35 pm to
Posted by Alabama_Fan
The Road Less Traveled
Member since Sep 2020
13593 posts
Posted on 5/6/23 at 8:35 pm to
quote:

Nick Kelly@_NickKelly·4h
The defense for former Alabama basketball player Darius Miles has submitted a subpoena request form for Cedric Johnson, Asia Humphrey, Shubonte Green and Eileen Carbin to appear at the hearing on May 24. The DA has already done the same for Johnson
Posted by Alabama_Fan
The Road Less Traveled
Member since Sep 2020
13593 posts
Posted on 5/6/23 at 8:53 pm to
Bama Basketball Shooting: Defense Requests New Round Of Subpoenas (patch.com)

Here's the latest in the capital murder investigation following the shooting death of 23-year-old Jamea Harris.
Posted by Alabama_Fan
The Road Less Traveled
Member since Sep 2020
13593 posts
Posted on 5/18/23 at 12:47 pm to
Michael Davis seeks youthful offender status in capital murder case. Why it's significant

Michael Davis, who was arrested and charged with capital murder alongside former Alabama basketball player Darius Miles, has filed for youthful offender status, his attorney John Robbins confirmed to The Tuscaloosa News.

Davis was 20 on Jan. 15, the day of the shooting death of Jamea Harris, a 23-year-old mother from Birmingham.

If a judge grants Davis youthful offender status, that changes things drastically for him in a variety of ways. If he pleads guilty or is found guilty as a youthful offender, Davis will spend up to three years in "the custody of the Board of Corrections," according to Section 15-19-6 of the Code of Alabama. He also would not be on probation for more than three years and could not be fined in excess of $1,000. Davis would also be tried in front of a judge, not a jury, if Davis does not plead guilty.

If a judge doesn't grant Davis youthful offender status, he will be subject to the same process for adults as Miles, who was 21 on Jan. 15.

While the youthful offender status is reviewed for Davis, the records for him in the case are not available to the public. He will have a hearing on July 21, and Tuscaloosa County circuit court judge Daniel Pruet will make a determination after the state completes a background check.

Davis was set to have a bond hearing on May 24, the same day as Miles, but now Miles will be the only one who will have another bond hearing in front of Pruet on that date.
Posted by TideSaint
Hill Country
Member since Sep 2008
76099 posts
Posted on 5/18/23 at 1:05 pm to
quote:

youthful offender status


quote:

Davis was 20 on Jan. 15


Um, what?
Posted by Yaz 8
Member since Jun 2020
1153 posts
Posted on 5/18/23 at 1:11 pm to
You can apply for YO in Alabama if you were under 21 when you allegedly committed a crime.
Posted by Alabama_Fan
The Road Less Traveled
Member since Sep 2020
13593 posts
Posted on 5/22/23 at 7:29 am to
Some snippets from TNews (everything else was a rehash)

What will be determined from the Darius Miles hearing
From the hearing, the judge will determine whether or not Miles should be released on bond. Discovery motions made previously by Miles' attorneys will also be addressed.

What will happen at the hearing
As part of the hearing, there will be an arraignment.
That means Miles is expected to be present at the hearing because he will be formally informed by the judge of the charges from the indictment. The judge will also make sure Miles understands his rights.

Then Miles will have a chance to enter a plea, guilty or not guilty.

Miles is expected to enter a not-guilty plea because his attorney, Mary Turner, filed court documents in April in which Miles pled not guilty.

Then as part of the hearing, each side will have a chance to argue why Miles should or should not be granted bond. Witnesses have been subpoenaed for testimony, according to court documents, but it's unclear whether testimony will occur for the judge to make his decision.

The judge might not immediately decide while on the bench whether Miles will be granted bond. The decision could come later in the day or the week.

What comes next in the Darius Miles capital murder case after the hearing?
No matter if Miles is or isn't granted bond, the next big step in the process is expected to be an immunity hearing.

In that hearing, there would be an opportunity for Turner to argue in front of a judge that Miles acted in self defense. If the judge found Miles supplied the gun to Davis in self defense, then Miles would have absolute immunity made possible by Alabama's stand your ground law. The case against Miles would then be dismissed.

If a judge doesn't make that ruling, it's likely the case goes in front of a jury in a trial.
Posted by Robot Santa
Member since Oct 2009
44460 posts
Posted on 5/22/23 at 8:19 am to
I'm not sure of the strategic value of an immunity motion at this point. I would be very reluctant to put my own client on the stand to set his version of events in stone when the state's star witness has not made a formal statement or conducted a recorded interview giving a detailed account of his version of events. Tuscaloosa PD's handling of this case has been fricking atrocious.
Posted by Panthers4life
Huntsville
Member since Nov 2017
4364 posts
Posted on 5/22/23 at 11:41 am to
If prosecutor can't produce the witness, then the defense can pull immunity card and likely will be granted. It really depends on what DA is doing.

Given Davis filing for youthful offender, I would think DA dropped the ball on that
Posted by Robot Santa
Member since Oct 2009
44460 posts
Posted on 5/22/23 at 12:48 pm to
The defense carries the burden on an immunity motion. It's only a preponderance standard, so the government would be playing with fire by not presenting any evidence but they have no obligation to and judges almost never throw these kind of cases out on immunity grounds. The downside in this particular case is that if it's denied you're locked into whatever Miles says and Johnson could magically come up with all kinds of new and unverified details if he shows up at trial because Deputy Dipshit didn't bother to actually interview him.
Posted by Panthers4life
Huntsville
Member since Nov 2017
4364 posts
Posted on 5/22/23 at 1:39 pm to
I agree! ??
Posted by Alabama_Fan
The Road Less Traveled
Member since Sep 2020
13593 posts
Posted on 5/24/23 at 10:21 am to
quote:

Ryan Phillips@JournoRyan·9m
JUST IN: Judge Daniel Pruet has denied bond for former Alabama basketball player Darius Miles
Posted by Alabama_Fan
The Road Less Traveled
Member since Sep 2020
13593 posts
Posted on 5/24/23 at 10:35 am to
Darius Miles, ex-Alabama basketball player, denied bond again in capital murder case

Former Alabama basketball player Darius Miles had his bond denied for the second time after a bond hearing was held Wednesday at the Tuscaloosa County Courthouse.

Miles has been jailed without bond since Jan. 15 when he was arrested and charged with capital murder after the fatal shooting on the Strip of Jamea Harris.
Circuit court judge Daniel Pruet presided over the hearing Wednesday morning and made the same decision as a district court judge who also denied bond after a preliminary hearing in February.

Investigators believe the gun used to kill Harris belonged to Miles, 21, but believe Davis, now 21, pulled the trigger, per court documents. A grand jury indicted Miles and Davis on capital murder charges in March.

Davis was scheduled to have a bond hearing Wednesday as well, but this past week, his attorney John Robbins submitted an application for youthful offender status. Davis will have a hearing July 21, and Pruet will make a determination after the state completes a background check.

What's next for Darius Miles in capital murder case?
The result of Wednesday's hearing didn't change the fact that an immunity hearing will likely be the next big step in the case if the defense elects to have one.

Mary Turner, Miles' attorney, would have a chance to argue in front of a judge that Miles acted in self defense. If the judge ultimately determined that Miles did indeed provide the gun out of self defense, then absolute immunity would be given to Miles through Alabama's stand your ground law and the case against him would be dismissed.

If not, the case likely goes to a jury trial at a later date. Or the two sides could reach a plea agreement.
Posted by Joka2kold
Member since Nov 2019
5046 posts
Posted on 5/24/23 at 11:11 am to
Cedric Johnson showed up to court but Mary Turner is going to cook him when she cross examine him.
Posted by Alabama_Fan
The Road Less Traveled
Member since Sep 2020
13593 posts
Posted on 5/24/23 at 11:52 am to
quote:

Nick Kelly@_NickKelly·1h
Jaden Quinerly, Jahvon Quinerly and Noah Gurley attended the bond hearing today for Darius Miles
Posted by Alabama_Fan
The Road Less Traveled
Member since Sep 2020
13593 posts
Posted on 5/24/23 at 1:51 pm to
Bond Denied For Former Alabama Basketball Player Darius Miles (Patch.com)

Here's the latest following Wednesday's bond hearing in the capital murder case following the Jan. 15 shooting death of Jamea Harris.
Posted by Joka2kold
Member since Nov 2019
5046 posts
Posted on 5/24/23 at 2:55 pm to
Juwan Gary & Jaden Shackelford!

Great support from the guys.
Posted by Darlin
Member since Dec 2022
111 posts
Posted on 5/24/23 at 4:27 pm to
Mary Turner is a bad arse.
Posted by Darlin
Member since Dec 2022
111 posts
Posted on 5/24/23 at 4:29 pm to
Mary Turner is a Bad arse.
Posted by Alabama_Fan
The Road Less Traveled
Member since Sep 2020
13593 posts
Posted on 5/26/23 at 11:02 am to
'Keeping Hope Alive': Family Of Darius Miles Offers Perspective (patch.com)

Tuscaloosa Patch spoke with several relatives of former Alabama basketball player Darius Miles following his bond hearing Wednesday.
Posted by Darlin
Member since Dec 2022
111 posts
Posted on 5/26/23 at 6:42 pm to
She's an awesome attorney and an even better person. Mary is a sorority sister of mine at Alabama and a dear friend. Darius couldn't be in better hands.
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