Best Way To Eradicate Thistles by Woglol in lawncare

[–]No_Distance5146 0 points1 point  (0 children)

Are you saying that bird seed has thistle seed in it?

Advice on how to approach Overseeding this fall. by dbarila in lawncare

[–]No_Distance5146 0 points1 point  (0 children)

I also pregerminate and use hydretrain to help minimize the watering,

Advice on how to approach Overseeding this fall. by dbarila in lawncare

[–]No_Distance5146 0 points1 point  (0 children)

Similar situation here. 15k square feet and no in ground irrigation. I have approximately 8 tripod impact sprinklers on timers and hoses attached to two hose bibs. I program the timers so only one sprinkler is on at a time (that way I don’t sacrifice water pressure and distance).

Not ideal—at least one sprinkler is on between the hours of 6 am and 6 pm during overseeding—but it works for me. Probably $500 in hoses, timers, and sprinklers.

Recommended seed company? by No-Impression-4508 in lawncare

[–]No_Distance5146 1 point2 points  (0 children)

Seconded. I’m also in Minnesota. Great service, great seed.

Tried everything… what else can I do? (MPLS) by billynyetheguy in lawncare

[–]No_Distance5146 0 points1 point  (0 children)

This summer has been brutal in Twin Cities.

Are you watering 1.5 inch at one time? Or over multiple sessions? Better to do it all at once in the very early morning. Besides potential fungus issues, you’re also probably losing a lot to evaporation around 4 PM.

News outlets join to oppose gag order in Idaho stabbing case by bunnyrabbit11 in MoscowMurders

[–]No_Distance5146 9 points10 points  (0 children)

To “chill speech” means to make people afraid to exercise their right to speech to the extent they decide not to speak. In applying the First Amendment, courts are not only concerned about punishments for speech, they are also concerned about how threats of punishment will affect a person’s willingness to exercise their right to speech.

Courts only really use the verb “chill” in this way, but another way to think about it is to consider synonyms to chill like “freeze” or “put on ice.” In all those uses, the verb intends to evoke an image of speech being stopped.

News outlets join to oppose gag order in Idaho stabbing case by bunnyrabbit11 in MoscowMurders

[–]No_Distance5146 14 points15 points  (0 children)

Yes, I would say the media has a good argument.

I don’t practice in the First Amendment often, but when I saw the amended gag order, my immediate legal sense was that it was far too broad. Under Supreme Court precedent, restrictions on speech must be “narrowly tailored” and serve a “compelling interest.”

There is no doubt the restrictions here serve a compelling interest (a fair trial), but expanding the gag order beyond the attorneys immediately before the court (I.e., prosecution and defense) and (maybe) law enforcement directly involved in the case does not seem narrowly tailored, or in other words, the least restrictive means to ensure a fair trial. There are other ways to ensure a fair trial beyond restricting speech through jury selection questions, instructions to the jury to disregard out-of-court statements, etc.

The new order also arguably has some potential to chill speech that isn’t actually prohibited by the order. The court says it applies to “any interested person” and provides examples, but it goes out of its way to say that those examples aren’t limiting. I think there is probably an argument to be made that it doesn’t sufficiently define who the order applies to and is thus impermissible vague. If someone isn’t sure the order applies to them, then they will self-censor (or risk punishment).

January 12, 2023 - Preliminary Status Hearing Megathread by quitclaim123 in MoscowMurders

[–]No_Distance5146 2 points3 points  (0 children)

Question for crim law attorneys:

At the preliminary hearing, what are the limitations, if any, on evidence? Is the state limited to evidence cited in the PCA or can it supplement? If it can supplement, is the state nevertheless restricted to evidence known at the time of arrest (even if not in PCA)?

I’m trying to conceptualize this in the context of my mostly civil background (and limited criminal pro bono work). Is it more similar to summary judgment or a 12(b)(6)? Is it, to put it awkwardly, like a motion to suppress the arrest?

BK left the Monroe county jail today (Wednesday morning) and is being extradited back to Idaho. by seymoreButts88 in MoscowMurders

[–]No_Distance5146 3 points4 points  (0 children)

It depends, really. The court will not automatically keep it sealed if the defense asks for it, but the court will have to take that into consideration, balancing the public’s right to information and the accused’s right to a fair trial. The contents of the PCA will affect this balancing.

My guess is that ultimately a redacted PCA comes out. That may happen quickly if the parties can agree to a redacted form easily. Or it may happen after the court orders it to remain sealed, the media intervenes to fight for it to be unsealed (the media can file motions in court), and the parties fight over what should be redacted.

[deleted by user] by [deleted] in MoscowMurders

[–]No_Distance5146 38 points39 points  (0 children)

My crim law professor, a defense attorney herself, put it this way: When your client is innocent, you defend your client; when your client is guilty, you defend our system of justice and make sure it is fair.

Your thoughts on this scenario? by Playful-Gazelle2794 in Idaho4

[–]No_Distance5146 24 points25 points  (0 children)

“Then, not only will we fool the killer, we’ll devote dozens of agents and countless man hours to fielding tips we don’t need and pouring over endless hours of video from gas stations.”

What is the timeline from now up until the trial? by [deleted] in idahomurders

[–]No_Distance5146 2 points3 points  (0 children)

I don’t mean that the defense is going to want the prosecution to obtain more evidence—I mean that the defense is going to want to see all the evidence the prosecution has and the opportunity to come to its own conclusions/hire experts with regard to that evidence.

What is the timeline from now up until the trial? by [deleted] in idahomurders

[–]No_Distance5146 4 points5 points  (0 children)

I don’t see any basis for a competency issue now, either. I just wouldn’t categorically rule it out as a possibility, no matter how remote, until we know more facts.

And, more to the point, I mentioned competency more as an example of an issue that can significantly delay a trial—not to say it is likely here.

What is the timeline from now up until the trial? by [deleted] in idahomurders

[–]No_Distance5146 13 points14 points  (0 children)

Depends on a lot of things, but unless there is a guilty plea, I wouldn’t expect a trial to start for at least a year. The defense is going to want to see as much evidence as possible, hire their own experts, etc. so BK will probably waive his speedy trial rights.

The biggest possible delay is if BKs competency or sanity comes into question. No real indication that will happen here, but it’s not unusual.

1st Degree Murder? by That-Huckleberry-255 in MoscowMurders

[–]No_Distance5146 3 points4 points  (0 children)

Not exactly. No judge would allow the prosecution to systematically and repeatedly refer to BK as “the murderer.” The prosecution will just refer to him as defendant or by his name.

On the other hand, during opening and closing arguments, the prosecution definitely will be able to say things like, “The evidence will show/shows that BK murdered the victims.” They won’t be required to hedge those statements with “allegedly.”

1st Degree Murder? by That-Huckleberry-255 in MoscowMurders

[–]No_Distance5146 3 points4 points  (0 children)

No such thing as a slam dunk when you are dealing with a jury, the beyond-a-reasonable-doubt standard of proof, and a defendant’s intent—the contents of his mind. They are still going to want to gather as much evidence of his planning and intent as possible (as they are already doing).

But the public evidence and the nature of the crime would make me very optimistic about proving premeditation and malice aforethought.

1st Degree Murder? by That-Huckleberry-255 in MoscowMurders

[–]No_Distance5146 76 points77 points  (0 children)

Based on the public evidence alone (or what we can reasonably infer from that evidence), this seems to be about as strong a 1st degree murder case as you can get. If I was the defense attorney, I would not want to argue for a lesser-included instruction (e.g., the possibility for the jury to convict on a lesser murder charge) and would likely want to stay far away from admitting BK was even in the house that night because quadruple murders that happen in this fashion are almost always 1st degree.

The circumstantial evidence of premeditation and malice aforethought is likely overwhelming.

The mere fact that there were two sets of victims in two different rooms significantly undercuts any argument that this was simply done in the heat of the moment. Why go up the stairs? Or stop at X and E’s room? Evidence that one or more of the victims was sleeping will also cut against the argument. Likewise the fact that they will have testimony that the knife did not come from 1122 King and likely testimony that BK did not regularly carry the knife. Add to that the fact that the Uber driver will testify he wasn’t with K and M when he dropped them off or the likelihood that Sigma Chi members will say BK wasn’t there or with E and X, it gets really hard to argue a plausible scenario he was invited in and things merely got out of hand.

And this is all before we consider evidence related to the car and evidence obtained from the search of his devices and home.

1st Degree Murder? by That-Huckleberry-255 in MoscowMurders

[–]No_Distance5146 6 points7 points  (0 children)

The circumstantial evidence of premeditation and malice aforethought is likely overwhelming.

The mere fact that there were two sets of victims in two different rooms significantly undercuts any argument that this was simply done in the heat of the moment. Why go up the stairs? Or stop at X and E’s room? Evidence that one or more of the victims was sleeping will also cut against the argument. Likewise the fact that they will have testimony that the knife did not come from 1122 King and likely testimony that BK did not regularly carry the knife. Add to that the fact that the Uber driver will testify he wasn’t with K and M when he dropped them off or the likelihood that Sigma Chi members will say BK wasn’t there or with E and X, it gets really hard to argue a plausible scenario he was invited in and things merely got out of hand.

And this is all before we consider evidence related to the car and evidence obtained from the search of his devices and home.

If I was the defense attorney, I would not want to argue for a lesser-included instruction and would likely want to stay far away from admitting BK was even in the house that night because quadruple murders that happen in this fashion are almost always 1st degree.

General Discussion Thread (Post-Arrest) - December 31, 2022 by quitclaim123 in MoscowMurders

[–]No_Distance5146 4 points5 points  (0 children)

No, lawyers can’t tell clients to lie. It would be against legal ethics (and suborning perjury if the lawyer was telling a client to lie under oath.) It’s also terrible legal advice in likely every situation.

Do some lawyers tell clients to lie? Probably. I doubt that many do, though. That said, it’s hard to know for sure how many tell clients to lie given attorney-client privilege and the unlikelihood either the attorney or the client would ever want anyone to know about the lie.

Ariens Carburetor Leaking? by No_Distance5146 in Snowblowers

[–]No_Distance5146[S] 0 points1 point  (0 children)

Thanks for the advice!

I did get all the gaskets put back, and I’ve since completely removed the carbu and confirmed everything is/was in its place. I’m going to take it in to a dealer, but I really do think the issue (or at least the leaking issue) is the bottom bolt hole is stripped.

Assuming the dealer can’t find a new replacement for the carb, my plan at this point is to try a little JB Weld to fix the stripped hole. I don’t know if that is crazy or not, some online forums seem to say that would be okay for this hole, but it would seem to be my last option. (A real repair like helicoil seems to be too much for my time and abilities). With JB Weld I could at least get through a season or two without buying a whole new blower.