Stallion wrote:yes basic due process. Initial hearing or trial is a fact finding body. Appellate Court or appellate tribunals generally don't hear evidence although it is some times admissible with newly discovered evidence-but rare. The facts in this case seem pretty well established any way at least after Brown admitted "I lied". The Appellate Court is more concerned with applying established facts to the law and precedent.
So panel re hear or en banc and or we are done.
To the guy who just mentioned Carolina they haven't had their hearing yet
Stallion wrote:yes basic due process. Initial hearing or trial is a fact finding body. Appellate Court or appellate tribunals generally don't hear evidence although it is some times admissible with newly discovered evidence-but rare. The facts in this case seem pretty well established any way at least after Brown admitted "I lied". The Appellate Court is more concerned with applying established facts to the law and precedent.
So panel re hear or en banc and or we are done.
To the guy who just mentioned Carolina they haven't had their hearing yet
Wasn't UNC hit for something very similar to what they have under investigation now 5-10 years ago? I know they got basically nothing for the football investigations or the prior NCAA one.
Stallion wrote:yes basic due process. Initial hearing or trial is a fact finding body. Appellate Court or appellate tribunals generally don't hear evidence although it is some times admissible with newly discovered evidence-but rare. The facts in this case seem pretty well established any way at least after Brown admitted "I lied". The Appellate Court is more concerned with applying established facts to the law and precedent.
So panel re hear or en banc and or we are done.
To the guy who just mentioned Carolina they haven't had their hearing yet
Wasn't UNC hit for something very similar to what they have under investigation now 5-10 years ago? I know they got basically nothing for the football investigations or the prior NCAA one.
It is irrelavent as the NCAA restructured their punishments for infractions around 3 years ago.
Need to wait the full 14 days, then appeal, that gets us further along into March and increases the chances that this season will not be affected. Hopefully, they have given this message to the players so they are not freaking out. Let them know this season is not in jeopardy.
shadowman wrote:Need to wait the full 14 days, then appeal, that gets us further along into March and increases the chances that this season will not be affected. Hopefully, they have given this message to the players so they are not freaking out. Let them know this season is not in jeopardy.
This will be a whole new committee with a new set of eyes to conduct the appellate hearing. For that reason alone-it might be worth the appeal-but generally they are required to accept the facts found by the lower committee as true.
"With a quarter of a tank of gas, we can get everything we need right here in DFW." -SMU Head Coach Chad Morris
When momentum starts rolling downhill in recruiting-WATCH OUT.
Stallion wrote:This will be a whole new committee with a new set of eyes to conduct the appellate hearing. For that reason alone-it might be worth the appeal-but generally they are required to accept the facts found by the lower committee as true.
If this is "really" true then there is NO explanation as to how penn state got completely off the hook since there has been nothing to contradict what the initial committee found
I don't think the Committee found anything on Penn St. because NCAA investigation was impeded by ongoing criminal investigation assertions of 5th Amendment privilege by accused. I believe that case was a negotiated settlement where the NCAA simply accepted Penn St.'s private investigation report and self imposed sanctions. The State then questioned in Court the power of the university President to waive Sovereign immunity on behalf of the State-and further agreed alterations were made in the sanctions
"With a quarter of a tank of gas, we can get everything we need right here in DFW." -SMU Head Coach Chad Morris
When momentum starts rolling downhill in recruiting-WATCH OUT.
Stallion you kind of hit the nail on the head. State Universities, we'll agree to whatever you want, but if you hit us too hard, oops we never waived sovereign immunity. Private Universities, thank you sir, may I have another.
