One, the then-26-year-old had a lot of seniors on the roster. Two, none was taller than 6-foot-3, so he needed 6-foot-7 Leroy Smith for size, instead of the 5-foot-10 Jordan. And, three, to give Jordan more playing time as a starter with the jayvee, rather than a benchwarmer for the varsity.
Express assumption of risk occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior. 58. (p. 107) Implied assumption of the risk occurs when a plaintiff implicitly assumes a known risk. 59.
If a defendant moves for a severance because an out-of-court statement of a codefendant makes reference to the defendant but is not admissible against the defendant, the court shall determine whether the state intends to offer the statement in evidence at trial.2) Double Jeopardy. If during the trial the court grants a motion for severance made by the defendant or with the defendantâs consent, the ruling does not bar a subsequent trial of that defendant on the offenses severed. (b) Severance of Offenses.