The parents of that baby who was left in the car to die

iannis

iannis

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Nope. You don't get to re-try OJ.

You can keep appealing every little thing though if it's a guilty verdict. But if you notice it's all procedural appeals. You don't get to appeal on the basis of "that jury fucked up". And I mean, I'm sure by the 3rd appeal the judges are already in the "this again?" mindset and barely even look at it. That's assuming you can even make a credible case that some procedural detail is both important and was overlooked the last two times.

If they're going to invalidate a jury they have to do it RIGHT then. I'm not a lawyer, obviously, but I think that a judge does have some discretion in the matter -- if the jury returns a verdit that is simply insane. But then, I have no doubt, that judge is gambling with his career, because every lawyer in town is going to descend on him like a pack of hyenas.
 
Palum

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Iannis_sl said:
Nope. You don't get to re-try OJ.

You can keep appealing every little thing though if it's a guilty verdict. But if you notice it's all procedural appeals. You don't get to appeal on the basis of "that jury fucked up". And I mean, I'm sure by the 3rd appeal the judges are already in the "this again?" mindset and barely even look at it. That's assuming you can even make a credible case that some procedural detail is both important and was overlooked the last two times.

If they're going to invalidate a jury they have to do it RIGHT then. I'm not a lawyer, obviously, but I think that a judge does have some discretion in the matter -- if the jury returns a verdit that is simply insane. But then, I have no doubt, that judge is gambling with his career, because every lawyer in town is going to descend on him like a pack of hyenas.
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There's a difference between a retrial and an appeal.
 
Ambiturner

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My understanding is judges can throw away a jury's verdict, they just almost never do. You'd also be opening many more doors on appeals in that case, where I don't think "stupid jury" is grounds
 
Gavinmad

Gavinmad

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Generally speaking, shouldn't a case be dismissed/declared a mistrial before it gets to the point of a judge setting aside the verdict?

I remember reading about a judge deciding to lower the punitive damages awarded in a lawsuit, but that might have been a Grisham novel or some shit.
 
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Palum_sl said:
Is there anything the prosecution or defense can do about a jury decision on appeal in a criminal case? Either extreme I guess, from jury nullification to convicting with zero evidence?
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Prosecution cannot appeal jury verdict in defendant's favor; state only gets one bite at the apple. Defendant can appeal on a variety of grounds, including "jury got it wrong", although those appeals are very rarely successful. Generally successful appeals are procedural errors that denied them a fair trial.
 
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Ambiturner_sl said:
My understanding is judges can throw away a jury's verdict, they just almost never do. You'd also be opening many more doors on appeals in that case, where I don't think "stupid jury" is grounds
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Stupid jury actually is grounds for an appeal (you would say the jury's verdict is against the great weight of the evidence), and judges do very rarely overturn juries, although it does happen.
 
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Twilight Sparkle_sl said:
Generally speaking, shouldn't a case be dismissed/declared a mistrial before it gets to the point of a judge setting aside the verdict?

I remember reading about a judge deciding to lower the punitive damages awarded in a lawsuit, but that might have been a Grisham novel or some shit.
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Mistrials are declared for gross procedure errors that preclude a fair trial. Nothing to do with taking the case away from the jury.

Judges alter (lower) damages awards from the jury all the time, particularly punitive damage awards.
 
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Twilight Sparkle_sl said:
Generally speaking, shouldn't a case be dismissed/declared a mistrial before it gets to the point of a judge setting aside the verdict?

I remember reading about a judge deciding to lower the punitive damages awarded in a lawsuit, but that might have been a Grisham novel or some shit.
Click to expand...
Mistrials are declared for gross procedure errors that preclude a fair trial. Nothing to do with taking the case away from the jury.

Judges alter (lower) damages awards from the jury all the time, particularly punitive damage awards.
 
E

Eorkern

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Can somebody confirm that he drove with the dead kid in the back ? I read about him pickong up some stuff in his car at lunch with the kid dead in the back-seat, wich is already fucked up enough, but I really can't imagine him driving around with a dead kid in the back...
 
OneofOne

OneofOne

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The thing that really pisses me off about this is that they can legally get rid of their child and have him end up in a home with people that would LOVE to have him, but instead of going that route they killed him. I guess they didn't want their friends and family finding out about giving the kid away or something, but fuck. Or was his life really worth the $20k insurance policy? Now that I have a son I just do not fucking get it.
 
Chanur

Chanur

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I don't have kids and I don't get it. Murdering a child is fucking horrendous.
 
Noodleface

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OneofOne_sl said:
The thing that really pisses me off about this is that they can legally get rid of their child and have him end up in a home with people that would LOVE to have him, but instead of going that route they killed him. I guess they didn't want their friends and family finding out about giving the kid away or something, but fuck. Or was his life really worth the $20k insurance policy? Now that I have a son I just do not fucking get it.
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Dude I wouldn't even put a turtle in a hot car for $20k, no way I would leave a kid there.
 
T

The Ancient_sl

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I think it's kind of absurd how swayed the court of public opinion has been by heresay and police "investigations". It's fucking Trayvon all over again.
 
Chanur

Chanur

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He should get his day in court and hopefully the facts will come out what ever they are. Problem with cases like this is the facts show he left his kid in the car. The issue will be if you believe it was an accident or not and that is generally going to be character based. So let the wild speculation continue!
 
Gavinmad

Gavinmad

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Ambiturner_sl said:
Trayvon had people on both sides
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Not even vaguely true. Everyone was against Zimmerman until closer to the trial when the actual facts of the case started coming out. This guy may be guilty or he may just be retarded, but it's pretty much the same thing, he's already been convicted by the media.
 
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