HELP Neighbor tore down my fence

The neighbor is not liable for the survey. Whoever asked for the survey will be the one to pay for it. The survey company is a private business and cannot survey your property unless you hire them. Who ever hires them has to pay them, no matter why you need the survey.

I already did. You weren't paying attention.

Red, you said "criminal trial tossed" Since the admission was not "improper" there is nothing to toss. I'd look into that dung job..............

Yes, yes, the great criminal attorney wants me to go excavate excriment. Never mind that you still refuse to use the context I made my statement in. All this from someone who posted this:

I'll even go to your court for this one. So tell me, how exactly does one file a common creditor lien in Michigan without a judgment (ie non-mechanic, tax, condo etc.)? Simple huh? Prior to a court case huh? Why would the state allow a form of extortion?

Hell, why not file small lien against a few people that would be just under the cost to defend any action in court? I'm sure you'd make a killing in settlements right? Why then the need for the Judgment Lien Act?

As for the admissibility of a confession for a criminal case that was given to an officer without having had your miranda rights read (which is what I meant in that post, not the actual case itself, bad posting on my part)... I still say it isn't admissible, or at least not very easily. It would go wholly against your protection against self incrimination. You had no chance for counsel and you incriminated yourself. All before you 'know' your rights. Wasn't there a case heard in the SC in the early nineties on this?

Here, though it isn't westlaw, and I'm not going to spend the cake to access it for this, here is one of the findlaw listings: http://cobrands.consumer.findlaw.com...4/st3/mc2.html

Maybe browse Missouri v. Seibert. It was an '03 or '04 case. It covered a neat trick that cops had been using of getting a confession, reading the miranda rights and then getting the confession again. Still not admissible then either.

And as far as the confusion of the ease of filing an actual lien on a property, I think some people may be confusing a lien with a notice of lis pendens, though that is not used much in many states from what I can read.

Nothing sticky about it. Not in custody=no need to mirandize. Even if a person is arrested there is still no need to mirandize; however they must mirandize the arrested individual prior to questioning.

Other admissable possiblilities include "spontaneous confession."

Have a look at this! It may help. It is the Maine law refereing to tree cutting!
http://janus.state.me.us/legis/statu...17sec2510.html

Jill

Also known as: Res Gestae

[Latin, Things done.] Secondhand statements considered trustworthy for the purpose of admission as evidence in a lawsuit when repeated by a witness because they were made spontaneously and concurrently with an event.

Res gestae describes a common-law doctrine governing testimony. Under the hearsay rule, a court normally refuses to admit as evidence statements that a witness says he or she heard another person say. The doctrine of res gestae provided an exception to this rule. During the nineteenth century and much of the twentieth century, courts applied the exception by following an assortment of common-law rules. With the introduction of the Federal Rules of Evidence, federal courts abolished res gestae as a common-law doctrine and replaced it with explicit exceptions to the ban on hearsay. To varying degrees, state rules of evidence are modeled on the federal rules. Although the term is now infrequently used, the legacy of res gestae is an integral part of the modern framework of hearsay evidence.

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Another afterthought......
Ahhhhh .....yes......Qwispea.......that "great legal mind".......who apparently knows nothing about what (sic) means or when or where it is to be used.
I've gone over your referenced uses of it in the copied bit below, but find that there is nothing amiss (other than WHERE you placed the (sic) in the last paragraph and other than your reference to it! Usually it is placed immediately behind the misspelled or incorrect word. So pray, tell us why you felt the need to use it?

"I have photos of them cutting the trees. Maine forest service comes and measures the trees. They value them. There (sic) is some sort of list and formula (sic) they use. The trees were maple and cherry. The maple had a double loss, as they count the trees and also what is called syrup loss.

I have a metting with my insurance company on Wednesday, the forest service and neighbors will also be there (sic). I wil let you know what happens."

THE "RULES" FOR USING (SIC):

Don't use sic to show off with gotchas. Too many writers sic sics on the authors they quote just to show they spotted a trivial error. If your audience is unlikely to be confused, don't draw attention to minor booboos.

Sometimes, though, you may have to quote something that looks downright wrong. In these cases, it's traditional to signal to your readers that the oddities are really in the original, and not your mistake. The signal is "[sic]": square brackets for an interpolation, and the Latin word sic, "thus, this way." It amounts to saying, "It really is this way, so don't blame me."

Again, it never ends...

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You can say any foolish thing to a dog and the dog will give you a look
that says "My God you're right! I never would've thought of that!"
-- Sean Connery --

Not the same thing; "Spotaneous Confession" would be if the deputies arrived and the guy said "I cut the trees, so what are you going to do about it?" This is not uncommon and wouldn't suprise me if the idiots in this conflict did something like this.

Spontaneous Confessions sometimes due occur after rights invokations and request for legal representation (usually in murders or violent crimes when the suspect is feeling extreme guilt).

Res Gestae would be something such as "Aunt Ester overheard her second cousin in the feed store discussing how some guy stole some trees."

Way off topic. I will shut up now.

Maybe pyrnad could start another thread to keep us posted with how things are going at her end. The armchair lawyers aren't going to back off, and most of us don't have time to wade through what is piling up here to try and find the posts we want to read.

Sounds good to me...

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You can say any foolish thing to a dog and the dog will give you a look
that says "My God you're right! I never would've thought of that!"
-- Sean Connery --

I agree, I don't have time to wade through all this lawyerese, just want to find out what's going on with Pyrnad please!

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Amanda

"Live and let Live!!!"

"Courage is being scared to death--and saddling up anyway" John Wayne

Well touche'.......though in all truth, it wasn't anymore than an exact quote taken from a source on Google.....I used it without giving the source so therefore, at the very least, I maybe guilty of plagerism......was only intending to find out the exact usage of (sic) and how it was to be used.
Since it is obvious that you were offended at my pointing this out, I apologize and hope you accept it in the manner it is given. These threads have a way of bringing out not only the best that we have to offer, but at times also the worst. In this particular case, as has been pointed out by many, the THREAD has taken on a virtual "backlash"; causing such a mess that whosoever happens to come into the middle of it, would never guess what the original thread was all about. For my part in it, I also want to apologize to everyone else for the thread drift and hope that tomorrow when Prynad arrives, we can finally get closure to this chapter.

Good luck tomorrow Prynad
I hope every thing works out for you

geez i wouldnt blame Prynad if she didnt come back to this thread..i just scan and look for her posts...its easier ...good luck tommorrow with the meeting

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Richmond area, Virginia

Ditto. I don't understand why all the leagelese people keep getting at each others throats.

Good luck pyrnad.

__________________
The original point and click interface was a Smith & Wesson.
Nature, to be commanded, must be obeyed. -- Sir Francis Bacon

Who cares how many trees got cut down! Pyrnad has been telling us her story. She has stated the facts in general terms. Are you trying to be judge and jury? We are interested. You are just adding to her hassle.

I think Sumer has nailed the attitude that would be the most helpful here, namely, quiet support. I'll ofer up a prayer that everything turns out well for those involved and I wish pyrnad well...

I understand people's need for meaning, definition, and exact terminology, but sometimes an ear is all that's needed (not a colonoscope)

Just my $0.02,

R

If you all knew her personally as I do...you would never doubt a thing she has stated....and you would know how much she deals with everyday with good cheer and love *without* even considering this whole neighbor issue. If she chooses to tell you what those challenges are in her day to day life, it will NOT be in search of sympathy....she is a tough cookie not afraid of hard work OR finding justice.
Her insurance company will be handling part of the problem(money/damages) and the state will be handling criminal proceedings for the timber violation. There is no need for a lawyer at this point....however that may change w/ outcome of meeting.

Think of it like two kids having a fight...you have assault charges(timber tresspass) and then medical bills are paid by assaulter(timber value) and also pain and suffering ( loss of value to property/potential)
I dont think that there will be any recovery value assigned as firewood or board footage as it was not Pyrnad's intended use...
Lets hope she can get this monkey off her back!!!