ChewbaccaD said:Here is the issue dear Mark: You came in with a specific legally defined term and told someone they were wrong (without supplying them with the definition you were relying on). Well, there is always an argument, but wouldn't (based on the case you cited: Gaudin) a jury (or judge if no jury was chosen) be the one to make that determination?
All that poster did was refer to the fact that the testimony Lance (your hero) gave was likely perjury because of the proceeding. Have you listened to the testimony in question? Do you know the current cases that testimony might "materially" affect? Are the obviously dishonest responses Lance gave related to the issues in question in those other cases? If they are, it is likely that the testimony Lance gave would fall under the definition of "material" supplied by Kungys? Is there anything in Gaudin that would suggest that, because a jury can determine the mixed question of law and fact related to whether the testimony is material, a jury would not apply the meaning given by Kungys? I realize these are leading questions, but that's because so many times here, you've made legal arguments that were...what't the word I'm looking for?...Wrong, yea, they were wrong. I'm just trying to do you a solid.
BTW, when are Lance's attorneys going to make a motion for Summary Judgment in the SCA case?...Even when you think you're right, you aren't.
BTW#2: Did you ever find the proof that Frankie "helped Lance dope?" Still waiting on that.
And I'm still trying to understand your theory about the application of equitable estoppel to criminal statutes of limitations. To say that was goofy is an understatement.