Granimal 0 #1 November 12, 2004 Guilty 1st degree murder among others. Quote Share this post Link to post Share on other sites
bch7773 0 #2 November 12, 2004 I bet you he appeals it a dozen times. MB 3528, RB 1182 Quote Share this post Link to post Share on other sites
DrunkMonkey 0 #3 November 12, 2004 QuoteI bet you he appeals it a dozen times. I thought that appeals required evidence of possible reversable error... Quote Share this post Link to post Share on other sites
Misslmperfect 0 #4 November 12, 2004 they're talking about using the reasons behind the jury dismissals as reversible error.Oh Canada, merci pour la livraison! Quote Share this post Link to post Share on other sites
jdhill 0 #5 November 12, 2004 I think appeals are automatic if he is sentenced to death... all the jury antics will surely bring an appeal, and several of the talking heads say there were other questionable decisions made by the judge that could be grounds... JAll that is necessary for the triumph of evil is that good men do nothing. - Edmund Burke Quote Share this post Link to post Share on other sites
wee 0 #6 November 12, 2004 ugh..blahbleh!!!! i hate him. If the world didn't suck, we'd all fall off! Quote Share this post Link to post Share on other sites
lawrocket 3 #7 November 12, 2004 Quotethey're talking about using the reasons behind the jury dismissals as reversible error. Yeah, good luck on that one. Appellate courts use two different standards for appeal. The first is an appeal "de novo" where the court looks at the evidence anew to come to a decision regardless of the trial court's decision. The other standard is, "abuse of discretion," where the appellate court basically asks, "did this judge abuse his discretionary powers to dismiss this juror?" De novo appeals reverse trial courts often. It is fairly rare that appellate courts find an abuse of discretion. The decision to discharge a juror is reviewed by appellate courts in California under an "abuse of discretion" standard. The trial court has the power to replace an original juror with an alternate upon finding that the juror is "unable to perform his duty." (Penal Code section 1089). Whether the circumstances of a given case present grounds sufficient to warrant removal of a juror is a question entrusted to the trial court' s sound discretion, and the court' s finding on that issue will be sustained if supported by substantial evidence. (People v. Johnson, 6 Cal.4th at 21) Courts have found sufficient cause to discharge and replace jurors who: 1) conceal or misstate facts in response to voir dire or other questioning; 2) sleep or otherwise fail to attend to the proceedings; 3) betray bias or a fixed prejudgment of the issues; 4) exhibit an inability or refusal to deliberate; 5) disclaim the ability or willingness to apply the law as given by the court; or 6) fail to comply with other duties imposed on jurors. Also, good cause for may be found where juror emotional states threaten their ability to receive and consider the evidence or to deliberate. Fundamentally, this is a weak defense argument, but one that will be made, and has to be made. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
slug 1 #8 November 13, 2004 Lawrocket Your a layer lets not confuse the issue with the facts and all that ltin stuffIMO appealing is like sueing, as long as he finds the $$$ for a lawyer (assuming the needle is off the table) he can appeal for the rest of his life. Don't you know the poor guy was framed and is innocent. Dumb jury system R.I.P. Quote Share this post Link to post Share on other sites
kelpdiver 2 #9 November 13, 2004 Quote IMO appealing is like sueing, as long as he finds the $$$ for a lawyer (assuming the needle is off the table) he can appeal for the rest of his life. Well, of course. When he stops appealing they execute his ass. BTW, doesn't need $$$ to do it. Lots of attorneys out there would like to argue a death penalty case, esp one where it won't be their fault when he is ultimately put to death. Quote Share this post Link to post Share on other sites
Kennedy 0 #10 November 13, 2004 QuoteIMO appealing is like sueing, as long as he finds the $$$ for a lawyer (assuming the needle is off the table) he can appeal for the rest of his life. Even with the needle sentece, he can still appeal for the rest of his life- he just doesn't have as long. witty subliminal message Guard your honor, let your reputation fall where it will, and outlast the bastards. 1* Quote Share this post Link to post Share on other sites
Muenkel 0 #11 November 13, 2004 I was glad about this verdict as I felt he was guilty. However, I don't want the death penalty since I oppose it. Life in prison without parole would suit me just fine. _________________________________________ Chris Quote Share this post Link to post Share on other sites
