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	<title>Comments on: Tiger Woods Must Keep His Mouth Shut</title>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-5/#comment-147858</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Tue, 08 Dec 2009 13:17:58 +0000</pubDate>
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		<description>Tiger must remain silent because, as a black male, he (1) got his ass wooped by his white woman, who (2) is now going to take him to the cleaners.
The hissing sound you&#039;re hearing is the deflation of the value of his right to publicity.  Think OJ, except that Nicole fought back successfully.
</description>
		<content:encoded><![CDATA[<p>Tiger must remain silent because, as a black male, he (1) got his ass wooped by his white woman, who (2) is now going to take him to the cleaners.<br />
The hissing sound you&#8217;re hearing is the deflation of the value of his right to publicity.  Think OJ, except that Nicole fought back successfully.</p>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-4/#comment-147857</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Wed, 02 Dec 2009 14:42:14 +0000</pubDate>
		<guid isPermaLink="false">http://wp.abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/#comment-147857</guid>
		<description>can we get back to the &#039;brand management&#039; issue?  I believe &#039;standing by your [wo]man&#039; is a better longterm strategy on this front ...
And I&#039;m also a lawyer, and imho the entire spousal privilege stuff has been upended in these new domestic violence laws, so silence is prudence.
</description>
		<content:encoded><![CDATA[<p>can we get back to the &#8216;brand management&#8217; issue?  I believe &#8216;standing by your [wo]man&#8217; is a better longterm strategy on this front &#8230;<br />
And I&#8217;m also a lawyer, and imho the entire spousal privilege stuff has been upended in these new domestic violence laws, so silence is prudence.</p>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-4/#comment-147856</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Wed, 02 Dec 2009 10:32:17 +0000</pubDate>
		<guid isPermaLink="false">http://wp.abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/#comment-147856</guid>
		<description>Whoops, that last comment should be acerbically directed at 133/134, not 137/138.
-160
</description>
		<content:encoded><![CDATA[<p>Whoops, that last comment should be acerbically directed at 133/134, not 137/138.<br />
-160</p>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-4/#comment-147855</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Wed, 02 Dec 2009 10:29:40 +0000</pubDate>
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		<description>137/138-
Seriously? Tiger wouldn&#039;t be a defendant in his wife&#039;s domestic violence case. He is a defendant in his &quot;careless driving&quot; case. You can&#039;t use the party admission rule to get his statement in for the purpose of his wife&#039;s case because he is not a party to that proceeding. Even then you would need some sort of theory of conspiracy in order for it to be admissible against her as co-conspirator acting within the scope of the conspiracy.
Can you imagine if the prosecution was allowed to use the statement of any person who ever had been prosecuted as an &quot;admission of a party opponent?&quot; It would make nonsense of the rationale for the rule - that the statement of the person being prosecuted should be admitted because the defendant said it, and is therefore stuck with it.
</description>
		<content:encoded><![CDATA[<p>137/138-<br />
Seriously? Tiger wouldn&#8217;t be a defendant in his wife&#8217;s domestic violence case. He is a defendant in his &#8220;careless driving&#8221; case. You can&#8217;t use the party admission rule to get his statement in for the purpose of his wife&#8217;s case because he is not a party to that proceeding. Even then you would need some sort of theory of conspiracy in order for it to be admissible against her as co-conspirator acting within the scope of the conspiracy.<br />
Can you imagine if the prosecution was allowed to use the statement of any person who ever had been prosecuted as an &#8220;admission of a party opponent?&#8221; It would make nonsense of the rationale for the rule &#8211; that the statement of the person being prosecuted should be admitted because the defendant said it, and is therefore stuck with it.</p>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-4/#comment-147854</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Wed, 02 Dec 2009 08:13:28 +0000</pubDate>
		<guid isPermaLink="false">http://wp.abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/#comment-147854</guid>
		<description>&lt;a href=&quot;http://www.thesun.co.uk/sol/homepage/news/2753973/Waitress-Jaimee-Grubbs-claims-affair-with-Tiger-Woods.html&quot; rel=&quot;nofollow&quot;&gt;http://www.thesun.co.uk/sol/homepage/news/2753973/Waitress-Jaimee-Grubbs-claims-affair-with-Tiger-Woods.html&lt;/a&gt;
The Jaimee girl is butt ugly.  While there can be a legion of explanations, two dominant ones stick out  that would best account for Tiger&#039;s transgressions: 1, wifey doesn&#039;t give head/gives shitty head or 2, wifey isn&#039;t giving Tiger any.
</description>
		<content:encoded><![CDATA[<p><a href="http://www.thesun.co.uk/sol/homepage/news/2753973/Waitress-Jaimee-Grubbs-claims-affair-with-Tiger-Woods.html">http://www.thesun.co.uk/sol/homepage/news/2753973/Waitress-Jaimee-Grubbs-claims-affair-with-Tiger-Woods.html</a><br />
The Jaimee girl is butt ugly.  While there can be a legion of explanations, two dominant ones stick out  that would best account for Tiger&#8217;s transgressions: 1, wifey doesn&#8217;t give head/gives shitty head or 2, wifey isn&#8217;t giving Tiger any.</p>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-4/#comment-147853</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Wed, 02 Dec 2009 06:03:53 +0000</pubDate>
		<guid isPermaLink="false">http://wp.abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/#comment-147853</guid>
		<description>157 - stop, just stop.  Save that comment and re-read it after you&#039;ve been in practice for a few years.  So much wrong with that.
</description>
		<content:encoded><![CDATA[<p>157 &#8211; stop, just stop.  Save that comment and re-read it after you&#8217;ve been in practice for a few years.  So much wrong with that.</p>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-4/#comment-147852</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Wed, 02 Dec 2009 01:36:42 +0000</pubDate>
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		<description>75 - if Tiger were called to the stand as a witness against his wife, which he may be depending on whether he consents and the privilege rules in the state, his hearsay might be admissible for its truth, even if not under oath, as prior inconsistent statements if he denies those facts on the stand, depending on the state again.
</description>
		<content:encoded><![CDATA[<p>75 &#8211; if Tiger were called to the stand as a witness against his wife, which he may be depending on whether he consents and the privilege rules in the state, his hearsay might be admissible for its truth, even if not under oath, as prior inconsistent statements if he denies those facts on the stand, depending on the state again.</p>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-4/#comment-147851</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Wed, 02 Dec 2009 01:31:36 +0000</pubDate>
		<guid isPermaLink="false">http://wp.abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/#comment-147851</guid>
		<description>If there is a spouse with scratch-like wounds not consistent with the fender-bender given as an explanation, plus hearsay evidence of a marital spat, that is enough for PC on DV.  PC is a low standard--enough for a reasonable person to find a fair probability of a crime under the totality of the circumstances.  Bottom line:  if we are all talking about the situation as if this is probably DV, and that Tiger is smart to keep his mouth shut, then there is PC.  Still, the police may not arrest if they think they won&#039;t get enough for a conviction.  And without the testimony of the victim, they won&#039;t get a DV conviction unless they have witnesses to an actual assault.  Tiger doesn&#039;t want to alienate his wife right now by testifying against her.  She&#039;s already going to get half.  Why make it 60%?
</description>
		<content:encoded><![CDATA[<p>If there is a spouse with scratch-like wounds not consistent with the fender-bender given as an explanation, plus hearsay evidence of a marital spat, that is enough for PC on DV.  PC is a low standard&#8211;enough for a reasonable person to find a fair probability of a crime under the totality of the circumstances.  Bottom line:  if we are all talking about the situation as if this is probably DV, and that Tiger is smart to keep his mouth shut, then there is PC.  Still, the police may not arrest if they think they won&#8217;t get enough for a conviction.  And without the testimony of the victim, they won&#8217;t get a DV conviction unless they have witnesses to an actual assault.  Tiger doesn&#8217;t want to alienate his wife right now by testifying against her.  She&#8217;s already going to get half.  Why make it 60%?</p>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-4/#comment-147850</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Tue, 01 Dec 2009 22:33:49 +0000</pubDate>
		<guid isPermaLink="false">http://wp.abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/#comment-147850</guid>
		<description>sorry, that should be 106 = fail
155 = fail
</description>
		<content:encoded><![CDATA[<p>sorry, that should be 106 = fail<br />
155 = fail</p>
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		<title>By: guest</title>
		<link>http://abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/comment-page-4/#comment-147849</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Tue, 01 Dec 2009 22:31:07 +0000</pubDate>
		<guid isPermaLink="false">http://wp.abovethelaw.com/2009/12/tiger-woods-must-keep-his-mouth-shut/#comment-147849</guid>
		<description>103 = fail.
Read 95 again: he, for some idiotic reason, claims to usually be an Elie booster
</description>
		<content:encoded><![CDATA[<p>103 = fail.<br />
Read 95 again: he, for some idiotic reason, claims to usually be an Elie booster</p>
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