Hmm

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KillerClown
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Hmm

Postby KillerClown » Jun 29th, 2012 at 4:42 pm

I thought I had talked about my dads case here at some point, albeit very limited the discussion would have been. Finally made some progress through the system, but looks like it's about to restart completely over, though I'd like to hope not.

http://www.witn.com/home/headlines/Clos ... 09955.html
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K2
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Re: Hmm

Postby K2 » Jun 29th, 2012 at 5:16 pm

If it's a mistrial then it's done and over with right? You can't be tried twice for the same crime.

Is this what you're gonna look like as you get older KC? eh.

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Maverick
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Re: Hmm

Postby Maverick » Jun 29th, 2012 at 5:22 pm

Mistrial is not an actual verdict, it is the lack of one.
"All that is necessary for the triumph of evil is that good men do nothing..."
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KillerClown
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Re: Hmm

Postby KillerClown » Jun 29th, 2012 at 5:25 pm

K2 wrote:If it's a mistrial then it's done and over with right? You can't be tried twice for the same crime.


I'm not exactly sure on particulars (added info at the end of post), but I'm being told that it is up to the DA/Judge whether to arrange for a new trial or not. My personal opinion is that if you have a deadlocked jury, and you can't/aren't changing your evidence, it's likely going to end up the same again, so wtf would be the point?

I was told which way the jury was leaning (the 9-3 part, which caused the mistrial), but I'm not sure if that's information I can disclose or not (Nor the accuracy of). My grandma said she was waiting to hear from his lawyer's office again as they should decide today whether to retry the case or not. But I haven't spoken with anyone from his office, so the info I have is only "mostly" reliable, my grandma is almost 80, sometimes she does mistakenly state things wrong, whether she misunderstood them or just doesn't recall exactly lol.


Update: At the original link an updated post said they are going to retry him.


Edit: Forgot to answer 2nd part
K2 wrote:Is this what you're gonna look like as you get older KC? eh.


Not exactly, but I do look quite a bit like him. But let's also not forget the fact he's been sitting in a jail cell for over 2 years, he weighs something like 101lbs, and has had all of his teeth pulled out while in there (and the jail isn't giving him dentures lol). He's very unhealthy looking right now, being my point, he's pulled off his jumpsuit in visitation to show me, it's really almost sickening. I don't have any pictures of him before, except the newspaper image they took of him when they woke him up to carry him to jail initially (that one isn't any better).

Wikipedia wrote:Mistrials:

A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as a mistrial.

A judge may declare a mistrial due to:
The court determining that it lacks jurisdiction over a case,
Evidence being admitted improperly,
Misconduct by a party, juror,[1] or an outside actor, if it prevents due process,
A hung jury which cannot reach a verdict with the required degree of unanimity
Disqualification of a juror after the jury is impanelled, if no alternate juror is available and the litigants do not agree to proceed with the remaining jurors.

A declaration of a mistrial generally means that a court must hold a retrial on the same subject.

An important exception occurs in criminal cases in the United States. If the court erroneously declares a mistrial, or if prosecutorial misconduct forced the defendant into moving for a mistrial, the constitutional protection against double jeopardy bars any retrial.
"Truth is treason in the empire of lies." - Ron Paul

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Phoenix
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Re: Hmm

Postby Phoenix » Jul 28th, 2012 at 5:49 pm

As per the wiki cite a hung jury is one of many things that can lead to a mistrial. If a mistrial is declared by the judge there is no verdict returned. It is as if the case never happened, thus, the DA can choose to refile if he/she wishes. My personal opinion is that if there is a mistrial a DA should avoid a second trial unless the defendant caused the mistrial by some misconduct. Anyway, good luck, while the DA is supposed to represent the interests of the entire public its often the case that they want to put any case that goes to trial into the win column no matter what so they will keep going until a court tells them that they can't.
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