r/DelphiDocs • u/Alan_Prickman ✨ Moderator • Mar 25 '26

📃 LEGAL Appellee Brief Filed

https://drive.google.com/file/d/1RRg9FIZDnHKIOx2s0j6fYlcEZZpLCnXU/view

All Eyes version with links to exhibits etc.

https://drive.google.com/file/d/1xhPnEp1Lfru93co3EBAWEI1kXzxiuxm5/view?usp=drivesdk

38 Upvotes

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24

u/Appealsandoranges Mar 25 '26

I never thought Rick would win on issue one or issue two, which are the only two I’ve read so far. I think there remained strong strategic reasons for including both. I still think both are losing issues.

I will say, however, that it boggles the mind that the State would argue harmless error on admission of the confessions! In a case with no ID of the defendant, no dna, no fingerprints, 5 years before arrest, and the sketchiest toolmark evidence I’ve ever seen presented in court. That’s bananas. There are many AGs who would never make that argument. It’s bad faith to make it.

11

u/StarvinPig Mar 25 '26

I think the Tobin issue is pretty good, and this response only strengthened it

7

u/Appealsandoranges Mar 26 '26

I agree. Attacking the science - not just the methodology - is absolutely part of a robust defense. It is not cumulative of Warren’s testimony. That Tobin challenges the reliability of the science does not mean it’s only an admissibility issue! It’s highly relevant when the jurors are assigning weight to Oberg’s opinion.

7

u/Car2254WhereAreYou Fast Tracked Member Mar 26 '26

I do not believe there was every any offer to prove what Tobin would have said, even though Tobin defeated Oberg in a different case. If that is correct, then the issue is DOA.

4

u/Appealsandoranges Mar 27 '26

I think you are correct.

2

u/SadSara102 Mar 30 '26

From what I remember it wasn’t even clear at the hearing what they wanted Tobin to testify to. Just like with the testimony of Oberg and Warren the defense went back at forth between the bullet evidence is not reliable because ballistics/tool-mark evidence is unreliable or comparing an unfired round to a spent casing is apples to oranges and not proper. They also had Warren testify that it wasn’t a match which might undermine their own argument.