Potter verdict- 2 years

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Re: Potter verdict- 2 years

Postby BigBlue on Sat Feb 19, 2022 1:31 pm

Holland&Holland wrote:
Bearcatrp wrote:
BigBlue wrote: He didn't deserve to die but his actions and choices brought him to that outcome.


EXACTLY!

That could be argued.


How can you argue against the fact that his choices led to the outcome? If he didn't choose to disregard police orders and try to flee this would not have been the outcome. If he had turned himself in when the felony warrant was issued this would not have been the outcome. If he had not committed assault and robbery this would not have been the outcome. His choices at each point led to the situation where the stressed officer made the mistake. Nobody would have been pointing a taser/gun at him but for his actions.
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Re: Potter verdict- 2 years

Postby ijosef on Sat Feb 19, 2022 4:27 pm

INOR wrote:That’s the whole hazard of being married though fellas. We have no idea what her husband does or what they have for combined marital assets. She (they) may still end up being sued. Why do you think Chauvin’s wife “divorced” him so quickly?


That's true, and I'm sure (provided they just don't want a civil verdict against her to make a point), the family's lawyer is looking into all of that.

Obviously IANAL, but there are a lot of misconceptions about debt and liability. I think this comes from the fact that every state has its own collection laws and exemptions. For instance, you can't garnish wages for consumer/civil debt in Texas. Here in MN, like many other states, you can take up to 25% (more for child support arrears, but that's a different story). Our neighboring state of Wisconsin is one of a handful of "community property" states, which really changes things as well.

Here in MN, one is not liable for the debts of one's spouse, even if the debt was incurred during marriage. That said, a creditor with a judgment can go after any non-exempt assets jointly owned, but they cannot attach assets that are only in the name of the non-debtor spouse. Mr. Potter could have a garage full of collector cars and, as long as they're in just his name and have been that way for a significant period of time, someone with a judgment against Kim Potter can't touch them. If Kim transfers a bunch of her property into her husband's name, those transfers can be undone by the court should a judgment creditor discover them and petition for relief (fraudulent conveyance).

Minnesota also has a reasonable homestead exemption, despite being a pretty creditor-friendly state in general. It's indexed, so I believe the current exemption amount is nearing $500k. That means if she owns a home and it's declared her homestead, nearly half a million of equity is exempt. There are a bunch of strategies one can take to frustrate creditors. Keep in mind that civil judgments are only good for 10 years in MN before they expire and are, for all intents and purposes, worthless. They can be renewed indefinitely, but in order to do so you need to serve the debtor and begin a new lawsuit before that 10 year period expires.

Working in collections is interesting, but I would not recommend it. The several months I spent were miserable.
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Re: Potter verdict- 2 years

Postby Holland&Holland on Sat Feb 19, 2022 11:29 pm

BigBlue wrote:
How can you argue against the fact that his choices led to the outcome? If he didn't choose to disregard police orders and try to flee this would not have been the outcome. If he had turned himself in when the felony warrant was issued this would not have been the outcome. If he had not committed assault and robbery this would not have been the outcome. His choices at each point led to the situation where the stressed officer made the mistake. Nobody would have been pointing a taser/gun at him but for his actions.

I think you misunderstood my statement. ;)
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Re: Potter verdict- 2 years

Postby BigBlue on Sun Feb 20, 2022 9:37 am

Holland&Holland wrote:
BigBlue wrote:
How can you argue against the fact that his choices led to the outcome? If he didn't choose to disregard police orders and try to flee this would not have been the outcome. If he had turned himself in when the felony warrant was issued this would not have been the outcome. If he had not committed assault and robbery this would not have been the outcome. His choices at each point led to the situation where the stressed officer made the mistake. Nobody would have been pointing a taser/gun at him but for his actions.


I think you misunderstood my statement. ;)


I guess so. Must be missing something.
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Re: Potter verdict- 2 years

Postby Holland&Holland on Sun Feb 20, 2022 9:29 pm

Relook at the beginning of your statement. “What he deserved”.

Then do a google search for “the victims of Daunte Wright”.
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Re: Potter verdict- 2 years

Postby BigBlue on Sun Feb 20, 2022 10:27 pm

Ah, gotcha. I don't know enough to pass that judgement but it wouldn't surprise me. I'm just trying to point out that the incident itself wasn't some 'handing down of justice'.
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Re: Potter verdict- 2 years

Postby Holland&Holland on Mon Feb 21, 2022 2:49 am

BigBlue wrote:Ah, gotcha. I don't know enough to pass that judgement but it wouldn't surprise me. I'm just trying to point out that the incident itself wasn't some 'handing down of justice'.

Understood. I am just saying whether one believes in a higher power or just plane karma, sometimes the world self corrects.
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Re: Potter verdict- 2 years

Postby Grayskies on Mon Feb 21, 2022 11:26 pm

I feel bad for her, mistakes can and do happen under stress. I believe she was justified to use leathal force, tasers can be lethal. Just because she chose a more lethal form of force by accident shouldn't mean she gets jail time.

We can't see the future, traser are far from perfect and sometimes they kill, others they fail just like guns.
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Re: Potter verdict- 2 years

Postby Holland&Holland on Tue Feb 22, 2022 7:14 am

Grayskies wrote:I feel bad for her, mistakes can and do happen under stress. I believe she was justified to use leathal force, tasers can be lethal. Just because she chose a more lethal form of force by accident shouldn't mean she gets jail time.

We can't see the future, traser are far from perfect and sometimes they kill, others they fail just like guns.

This.
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