Messages

Forum Index : General Discussion : Messages Page 14 of 14 «  10 11 12 13 14  
Author: [General Discussion] Topic: CASEY ANTHONY VERDICT REACHED... ANNOUNCEMENT 215PM
depeche2 send a private message View Space | Blog | Friends | Playbook |
depeche2
Participation Meter
Legend
Joined: Feb 2002
Posts: 67006
Location: Illinois
#326
Posted: 7/6/2011 5:59:40 PM
QUOTE Originally Posted by jesron1269:

My comment was when double jeopardy attaches.  Clearly she can be tried again but very hard for that to happen.  I knew there was a way just didn't know the process but as I mentioned in my post and depeche mentioned in his post EXTREMELY rare instances.  Remember I said I would be SHOCKED if she was retried.



Buddy, you're digging a hole for yourself.  She cannot be retried.  Period.  Once the jury reaches a unanimous NG verdict - that is the end - double jeopardy attaches.
quote
madshooter72 send a private message View Space | Blog | Friends | Playbook |
madshooter72
Participation Meter
Captain
Joined: Jan 2006
Posts: 6442
Location: Florida
#327
Posted: 7/6/2011 6:00:18 PM
QUOTE Originally Posted by jesron1269:

Thanks for the assist Kap.  In fairness to madshooter I was just a little annoyed after reading those two back to back comments and probably should not have taken it out on him.  I should have known better and just stayed out of this thread as I knew people would just be making general comments because emotions run high in cases like this.  I on the other had never rush to judgment because I was not there personally and did not review all the evidence.  That being said I was a little surprised by the verdict as a casual observer but never once would I impose my own opinion over that of the jury.  BOL!

 

thank you, water under the bridge.....

quote
jesron1269 send a private message View Space | Blog | Friends | Playbook |
jesron1269
Participation Meter
MVP
Joined: Dec 2008
Posts: 18631
Location: South Dakota
#328
Posted: 7/6/2011 6:03:25 PM
QUOTE

Originally Posted by depeche2:



I do civil law only also, but I'm pretty confident on this one.  What NG criminal cases are you referring to as overturned?  Like I said, I think that is impossible.  If the verdict is not truly unanimous, then it's actually not being "overturned", it's just clarifying the jury's actual verdict or lack thereof.

I guess the reasoning is that if you are found NG that has to be the end of it.  How can you move on if you have even a slim possibility of having the whole thing come back at you - that's the point of double jeopardy.  Guilty can be appealed because that sort of concern doesn't apply the same way to the State and we don't like to put people in jail wrongly (even though it happens a lot).

There were two cases that I recall in criminal proceedure where it occured.  Both federal cases.  I can pull them out, dust them off and let you know this weekend.  I too recall it being a difficult process but it was based on the requests by the prosecution for a mistrial and that the request being denied when it should have been granted which means it should have never went to the jury and therefore a new trial should have been granted.  This is an appeal of the discretion of the judge and not the decision of the jury.  That was the razor thin distinction.  Now what I don't recall is whether polling the jury was relevant to this issue and that is what I found interesting about your post.  I often wondered this issue but too lazy to research it.  Obviously you poll in the case of a guilty verdict because it has to be unanimous but do you poll in the case of a not guilty verdict and that is where I thought you were going with your post.

quote
jesron1269 send a private message View Space | Blog | Friends | Playbook |
jesron1269
Participation Meter
MVP
Joined: Dec 2008
Posts: 18631
Location: South Dakota
#329
Posted: 7/6/2011 6:04:38 PM
QUOTE Originally Posted by madshooter72:

 

thank you, water under the bridge.....

quote
depeche2 send a private message View Space | Blog | Friends | Playbook |
depeche2
Participation Meter
Legend
Joined: Feb 2002
Posts: 67006
Location: Illinois
#330
Posted: 7/6/2011 6:05:19 PM
QUOTE Originally Posted by jesron1269:

There were two cases that I recall in criminal proceedure where it occured.  Both federal cases.  I can pull them out, dust them off and let you know this weekend.  I too recall it being a difficult process but it was based on the requests by the prosecution for a mistrial and that the request being denied when it should have been granted which means it should have never went to the jury and therefore a new trial should have been granted.  This is an appeal of the discretion of the judge and not the decision of the jury.  That was the razor thin distinction.  Now what I don't recall is whether polling the jury was relevant to this issue and that is what I found interesting about your post.  I often wondered this issue but too lazy to research it.  Obviously you poll in the case of a guilty verdict because it has to be unanimous but do you poll in the case of a not guilty verdict and that is where I thought you were going with your post.



I'd be interested and surprised to see these cases.  Although, I'm pretty sure the prosecution never asked for a mistrial so your hypothetical wouldn't apply here anyway.
quote
jesron1269 send a private message View Space | Blog | Friends | Playbook |
jesron1269
Participation Meter
MVP
Joined: Dec 2008
Posts: 18631
Location: South Dakota
#331
Posted: 7/6/2011 6:05:51 PM
QUOTE

Originally Posted by depeche2:



Buddy, you're digging a hole for yourself.  She cannot be retried.  Period.  Once the jury reaches a unanimous NG verdict - that is the end - double jeopardy attaches.

See my above post.  Again I will have to dig it out to see if I am right.  That was my recollection.  Also who knows if this is even good law now for all I know.  I will get back to you but with my trial tomorrow and Friday it will have to be this weekend.

quote
jesron1269 send a private message View Space | Blog | Friends | Playbook |
jesron1269
Participation Meter
MVP
Joined: Dec 2008
Posts: 18631
Location: South Dakota
#332
Posted: 7/6/2011 6:08:20 PM
QUOTE

Originally Posted by depeche2:



I'd be interested and surprised to see these cases.  Although, I'm pretty sure the prosecution never asked for a mistrial so your hypothetical wouldn't apply here anyway.

I thought both sides asked for a mistrial about two weeks ago and the judge denied them in both occasions.  Either way I will have to locate them later.  It was a central case and a companion case from the same Court of Appeals.  I am in the 8th Circuit but not sure which Court of Appeals this originated out of.

quote
depeche2 send a private message View Space | Blog | Friends | Playbook |
depeche2
Participation Meter
Legend
Joined: Feb 2002
Posts: 67006
Location: Illinois
#333
Posted: 7/6/2011 6:12:24 PM
QUOTE Originally Posted by jesron1269:

See my above post.  Again I will have to dig it out to see if I am right.  That was my recollection.  Also who knows if this is even good law now for all I know.  I will get back to you but with my trial tomorrow and Friday it will have to be this weekend.



Good luck with your trial.  I'll be doing boring probate court stuff. 

Hey, you do family law stuff, right?  I got a probate case where the decedent was already married when he married his now-alleged "surviving spouse".  He did later divorce the first wife.  We're trying to figure out if surviving spouse was also already married herself.  And then they're questioning whether my client is actually the daughter of the decedent.  That's about as exciting as my stuff gets! 
quote
jesron1269 send a private message View Space | Blog | Friends | Playbook |
jesron1269
Participation Meter
MVP
Joined: Dec 2008
Posts: 18631
Location: South Dakota
#334
Posted: 7/6/2011 7:03:35 PM
QUOTE

Originally Posted by depeche2:



Good luck with your trial.  I'll be doing boring probate court stuff. 

Hey, you do family law stuff, right?  I got a probate case where the decedent was already married when he married his now-alleged "surviving spouse".  He did later divorce the first wife.  We're trying to figure out if surviving spouse was also already married herself.  And then they're questioning whether my client is actually the daughter of the decedent.  That's about as exciting as my stuff gets! 

Interesting factual scenerio.  Almost every state has laws only allowing you to be married to one person.  If the decedent married the surviving spouse prior to ending his nuptuals with the first spouse it is possible (depending upon the state statutes of Illinois I assume since family law is state specific) that his second marriage was an illegal contract, therefore null and void, and consequently he had no legal spouse at the time of his death.  Then I would venture to guess that if your state follows the Uniform Probate Code he would follow the laws of descent in your state.  Lot of facts that need to be determined before you have your answers but if those fact lay right you might have a hellofa case.  BOL with it!

My cases tomorrow are:  contested step-parent adoption, Motion to Enforce Settlement Agreement, Motion for Contempt, and Temporary Custody/Visitation/Child Support Trial.  The only hearing I have on Friday is a Temporary Custody/Visitation/Child Support trial.  Then next week it back to the grind of client conferences all week but at least no trial work.  I already had two half day trials this week (yesterday and today).  So I enjoy the trial work but yet love to have my breaks from them too.  BOL again!

quote
marnypoly send a private message View Space | Friends | Playbook |
marnypoly
Participation Meter
Veteran
Joined: Dec 2008
Posts: 3938
Location: California
#335
Posted: 7/11/2011 9:09:49 PM
Dexter answers question
quote
Forum Index : General Discussion : Messages Page 14 of 14 «  10 11 12 13 14  
You have entered the forum as a GUEST. 
You must login/register to post or reply.