Rebuttal

Rebmasel

  • 50 minutes 51 seconds
    29: The Baking Soda Snitch

    (WATCH THIS EPISODE ON YOUTUBE) A paid informant who should've been fired, a police officer who LOVES a good eraser, and a dad who can't stop bragging about his poor sons.


    Grab a bag of baking soda and a large Coke and hear Reb snitch on Albright v. Oliver (1994).


    Follow @RebuttalPod on Instagram and Twitter!

    Follow @Rebmasel on TikTok, Instagram, and Twitter!


    ***

    0:00 - Intro

    2:26 - Legal mumbo jumbo you should know before we begin

    9:00 - Reb's rant on wrongful arrests

    13:31 - Why do malicious prosecution cases rarely succeed?

    15:22 - Albright v. Oliver (1994)

    19:59 - The worst informant draft pick of all time

    21:26 - The old man from Up beats the allegations

    24:58 - Every son under the bus

    29:12 - Shut your mouth (pt. 45457493589295) + Albright's lawsuit

    33:09 - The Court of Appeal agrees it was a huge bummer at least

    39:05 - SCOTUS opinion

    41:10 - Albright v. Oliver and malicious prosecution = a whole mess

    43:30 - Reb's Rebuttal

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    16 September 2024, 7:00 am
  • 1 hour 27 minutes
    28: The Jury Is On Drugs, Your Honor

    (WATCH THIS EPISODE ON YOUTUBE) What do you call a 6-week period in which you and a handful of very recent acquaintances get drunk every day at lunch, sleep through the afternoons, sell weed to each other, smoke weed with each other, and whip out a few bags of cocaine to snort when the time feels right?


    For a group of twelve people in Florida in 1987, they would call it jury duty. That’s right. Since 1987, jury misconduct stories only got crazier and crazier...including one where a jury convicted a man of double homicide by breaking out a Ouija board and asking the victims' ghosts. Yep.


    Reb tops off a martini and hosts a seance in Tanner v. United States (1987).


    ***

    0:00 - Intro

    2:17 - Facts of Tanner v. United States

    12:39 - Trial (Coke, Booze, and Court)

    23:00 - Rule 606(b) and SCOTUS Majority Opinion

    40:53 - SCOTUS Dissenting Opinion

    54:11 - Juror misconduct still haunts us

    56:19 - SCOTUS heard our complaints and ignored them<3

    58:59 - Remedies for juror misconduct

    1:01:10 - Case after case after case (Delusional, sleeping, drunk, racist jurors)

    1:10:00 - The Ouija Board Jury

    1:19:35 - Reb's Rebuttal

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    20 August 2024, 2:23 pm
  • 1 hour 7 minutes
    27: The Lost Boys of Rikers Island

    (WATCH THIS EPISODE ON YOUTUBE) In the early hours of Saturday, May 15, 2010, Kalief Browder and a friend were returning home from a party in the Belmont section of the Bronx. He was 16 years old. Browder saw a police car driving toward them. More squad cars arrived, and soon Browder and his friend were squinting in the glare of a police spotlight. An officer said they had robbed a man. “I didn’t rob anybody,” Browder replied. “You can check my pockets.” . . .


    Reb shares the cases of Kalief Browder and Inmate H, and thousands of other children and adults held in pretrial detention in the United States without ever being convicted of a crime. Some people say cash bail “creates Hell on Earth.” You might just believe them.


    **CONTENT WARNING** Violence against children


    Links:

    https://www.facebook.com/KaliefsLegacy?mibextid=LQQJ4d


    https://www.americanprogress.org/article/the-case-for-cash-bail-reform/


    ---

    2:21 - Kalief Browder

    14:45 - Rikers Island

    17:33 - Pretrial Detention, Cash Bail, and Depravity

    22:38 - Inmate H

    31:29 - Rikers Island Origins / #CloseRikers

    37:18 - Cash Bail Reform

    45:45 - A Murderer, A R*pist, and A Traffic Violator

    47:38 - Cash Bail Reform

    57:40 - Reb's Rebuttal

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    18 July 2024, 4:55 pm
  • 2 hours 2 minutes
    26: The Assassin

    (WATCH THIS EPISODE ON YOUTUBE) Do political assassinations even happen in the U.S. anymore? Apparently yes. Yes, they do. Get ready to change your middle name, sue Puerto Rico for speaking Spanish, move to a hog farm in Tennessee, and learn that write-in ballots never win (except for the rare, *bloody* exception). Reb brings a murder weapon to the voting booth in Tennessee v. Byron (Low Tax) Looper (2000).

    TRIGGER WARNING for sexual assault/abuse.

    Follow @RebuttalPod on Instagram and Twitter!

    Follow @Rebmasel on TikTok, Instagram, and Twitter!

    ***

    0:00 - Intro

    2:36 - Byron's early life

    4:30 - West Point

    8:55 - Honorable discharge to politics pipeline

    12:38 - Young Democrats of Georgia/Byron has a temper?!

    14:00 - Byron and the 1988 GA Democratic primary

    20:41 - Byron gets #educated

    21:38 - #PuertoRicoGate

    32:46 - Byron meets Terri Guess in TN

    39:43 - DUMP HIM

    43:43 - Byron changes his middle name to (Low Tax).....and it works???

    1:03:03 - Senator Tommy Burks

    1:08:17 - Byron's been busy

    1:09:00 - The last day of his life

    1:14:44 - Looper v. Burks

    1:19:21 - The arrest

    1:21:30 - The ballot's a mess

    1:22:02 - Charlotte Burks

    1:25:56 - What's the evidence?

    1:43:53 - The aftermath

    1:45:50 - CONSPIRACY AROUND LOOPER'S DEATH

    1:54:03 - Reb's Rebuttal

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    13 June 2024, 7:10 am
  • 1 hour 6 minutes
    25: The Rap Lyrics On Trial

    (WATCH THIS EPISODE ON YOUTUBE) Beef between rappers keeps music alive and well. But what happens when a video of you lip syncing to rap lyrics at a party helps put you away for murder? Hear all about it with Reb at the Texas Court of Criminal Appeals in Larry Jean Hart v. Texas (2024).

    Follow @RebuttalPod on Instagram and Twitter!

    Follow @Rebmasel on TikTok, Instagram, and Twitter!

    ***

    0:00 - Intro

    4:01 - Sneak peek of Hart v. Texas (2024)

    4:37 - Background - Can lyrics be used as evidence?

    12:45 - Hart v. Texas begins / What happened at trial?

    24:02 - Hart's first appeal

    27:38 - Hart's second appeal

    28:31 - Probative value of the rap videos

    33:49 - Prejudicial effect of the rap videos

    47:57 - Prosecution's need for the evidence

    54:05 - Harm analysis

    1:01:06 - Holding

    1:01:59 - Reb's rebuttal

    1:02:42 - Tiny teaser for Episode 26!

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    13 May 2024, 7:00 am
  • 1 hour 57 minutes
    24: Stand Your Ground

    (WATCH THIS EPISODE ON YOUTUBE) Since Biblical times, self defense has been simple. Guard your castle. Retreat to the wall. Defend yourself. The U.S. stole its common law from the English, and the elements of self defense didn't change. Until.......Florida.

    Why did Florida change its slogan from the Sunshine State to the Kill At Will State? Aren't Stand Your Ground Laws a good thing? How old is the Castle Doctrine? Whose castle is it anyway? Reb lowers the drawbridge on the madness and teaches you all the wheres and whens and hows on who is really allowed to "defend" themselves.

    **CONTENT WARNING** Racial violence and violence against women and children.

    0:00 - Content Warning

    2:24 - Intro

    8:08 - Trayvon Martin/Michael Brown/Tamir Rice

    10:07 - Philando Castile

    15:00 - People v. White (2010)

    26:16 - Duty to Retreat

    30:05 - The Castle Doctrine

    30:45 - Beard v. United States (1895)

    31:10 - People v. Tomlins (1914)

    34:15 - Background on SYG Laws

    36:00 - Self-defense elements/Duty to retreat

    43:45 - SYG Laws and Imminence

    46:27 - Removing Imminence > Race/Gender/DV

    52:53 - Bernard Goetz (1986)

    56:20 - Kathy & James Workman (Fla. 2004)

    58:41 - The NRA & SYG

    59:30 - Jimmy Morningstar (2003)

    1:04:30 - Charles Harper (2009)

    1:06:00 - Pedro Roteta (2011)

    1:10:13 - Duty to retreat

    1:11:10 - Domestic Violence & The Castle Doctrine

    1:20:17 - Deven Grey (2017) / Brittany Joyce Smith (2018)

    1:22:03 - Collected cases of men using SYG Laws successfully

    1:23:41 - Peggy Stewart Case (1988)

    1:31:18 - Kansas Supreme Court is on my sh*t list

    1:32:00 - "Reasonableness" for a woman

    1:33:50 - Collected cases on DV victims and Castle Doctrine/SYG

    1:47:00 - Castle Doctrine clashes with Knock + Announce Rule

    1:48:32 - Breonna Taylor

    ***

    DONATE

    https://www.trayvonmartinfoundation.org/

    https://michaelodbrown.org/

    https://www.tamirericefoundation.org/donate

    https://www.philandocastilefoundation.org/

    https://www.gofundme.com/f/freedom-and-reentry-fund-for-deven-grey

    https://justiceforbreonna.org/


    ***

    COMPLETE SOURCE LIST IN YOUTUBE EPISODE NOTES


    Follow @RebuttalPod on Instagram and Twitter!

    Follow @Rebmasel on TikTok, Instagram, and Twitter!

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    30 April 2024, 7:00 am
  • 1 hour 22 minutes
    23: The Booby Traps

    (WATCH THIS EPISODE ON YOUTUBE) Humans have been digging moats, slingshotting arrows, poisoning food, and laying spikes for thousands of years — and modern day booby traps are still alive and well. But what do an Indiana Jones-inspired hot tub contraption and a haunted house’s 20-gauge shotgun have in common? Vengeance.

    This episode starts the engine for Episode 24’s deep dive into self-defense, "Stand Your Ground" laws, defense of property, and the Castle Doctrine. But first, listen to Reb pick tibia bones and shotgun pellets off the floor in Katko v. Briney (1971).

    ***

    Follow @RebuttalPod on Instagram and Twitter!

    Follow @Rebmasel on TikTok, Instagram, and Twitter!

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    9 April 2024, 7:00 am
  • 1 hour 43 minutes
    22: The Boxers, A Bomb, and Dolly Mapp

    (WATCH THIS EPISODE ON YOUTUBE) There are 3 reasons one of the most important 4th Amendment rules in America exists as it does today: (1) Boxers in the criminal underworld, (2) A bomb in the house of famous boxing promoter Don King, and (3) Dollree "Dolly" Mapp - The young black woman who dated bad boys and stood up to an all-white police force in Baltimore...and won.

    What started as a mobster/boxer gambling ring turned into a 4-year battle over...you guessed it...nude magazines. Come with Reb to throw some punches and start a Dolly fan club in Mapp v. Ohio (1961).

    INTRO/CONTEXT: 0:00-7:29

    CASE BEGINS: 7:30

    ***

    Sources Cited:


    Follow @RebuttalPod on Instagram and Twitter!

    Follow @Rebmasel on TikTok, Instagram, and Twitter!

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    14 March 2024, 7:00 am
  • 1 hour 23 minutes
    21: The Witness Protection Program

    (WATCH THIS EPISODE ON YOUTUBE) We protect the witnesses from the public, but who protects the public from the witnesses? Peek behind the curtain of the Witness Protection Program and prepare to be shocked, afraid, and bamboozled. Take cover with Reb and start questioning everything and everyone in United States v. Wilson (1981).

    **CONTENT WARNING at 58:52 for violence against children**

    ***

    SOURCES [chronological order by reference or cite]:


    Follow @RebuttalPod on Instagram and Twitter!

    Follow @Rebmasel on TikTok, Instagram, and Twitter!

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    7 February 2024, 8:00 am
  • 2 hours 19 minutes
    20: The Man Who Begged To Be Beheaded

    (WATCH THIS EPISODE ON YOUTUBE) Most people would like to keep their heads. Thomas Donaldson isn't one of them. This mathematician and computer scientist wanted his cut off, and he wanted it to be done while he was still alive.

    Bring a warm jacket and follow Reb into the frozen head refrigerator for Donaldson v. Lungren (1992).


    INTRO/REB CHAT: 0:00-19:32

    CASE STARTS: 19:32


    ***

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    27 January 2024, 12:41 am
  • 1 hour 29 minutes
    19: Housewives For Chemical War

    (WATCH THIS EPISODE ON YOUTUBE) Breathing through chemical smoke has been described as “drowning on dry land.” When one imagines chemical warfare, they often imagine a striking image of filthy soldiers choking in trenches on the frontlines through thick fogs of yellow-green gas. 

    In 1993, the Convention on Chemical Weapons sought to end chemical warfare as we know it.

    20 years later, the international treaty the U.S. signed in 1997 to ban and stop the creation, sale, and export of chemical weapons for warfare around the globe led us to an unusual suspect in an unusual place—Carol Anne Bond, a 34-year old microbiologist living with her husband in the suburbs of Philadelphia, Pennsylvania. 

    Carol Anne Bond was not a soldier.  She was not welding steel cylinders of chlorine gas to be released over trenches in Belgium. She was not spraying 19.3 million gallons of chemical herbicides over Vietnam. She was not using white phosphorus against civilians in Fallujah or Syria. She was not a guerrilla fighter on the front lines, a terrorist, or a military contractor.  She was an angry wife.

    Hold your breath and wash your hands. This is Bond v. United States (2014).

    ***

    Follow @RebuttalPod on Instagram and @Rebmasel on TikTok :)

    Learn more about your ad choices. Visit megaphone.fm/adchoices

    20 December 2023, 10:44 am
  • More Episodes? Get the App
© MoonFM 2024. All rights reserved.