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Started By
Message
1
Posted on 12/20/22 at 4:45 pm to SeeeeK
quote:
No, i would say anything i type on this board to your face. Not a tough guy, just stating facts.
Riiiiiiiiiiiiiiiight
Posted on 12/20/22 at 5:19 pm to SeeeeK
quote:What kind of people do this?
When u get out of ur car to argue
Posted on 12/20/22 at 5:22 pm to Abraham H Parnassis
Apparently this guy
But he isn't a tough guy
quote:
No, i would say anything i type on this board to your face. Not a tough guy,
But he isn't a tough guy
Posted on 12/20/22 at 5:26 pm to Abraham H Parnassis
quote:
What kind of people do this?
Stupid people. Stupid people do that.
Posted on 12/20/22 at 5:30 pm to Alt26
quote:
The USSC decision held the conviction was unconstitutional. So he had to be retried again, but he couldn't be retried for 2nd degree murder.
People are literally retried all the time when convictions are overturned.
Posted on 12/20/22 at 5:36 pm to TigerintheNO
But the La Supreme Court said that those convicted on split-verdicts do not get new trials.
Apparently the USSCt said that they do, or at least this guy does.
Seems like everyone else should get a new trial if this guy does.
Apparently the USSCt said that they do, or at least this guy does.
Seems like everyone else should get a new trial if this guy does.
Posted on 12/20/22 at 5:42 pm to BFANLC
quote:
People are literally retried all the time when convictions are overturned.
He was found not guilty of 2nd degree murder by the jury.
Posted on 12/20/22 at 6:13 pm to Overbrook
quote:
He was tried for 2nd degree murder. However, he was convicted 10-2 on a lesser charge of manslaughter. The USSC decision held the conviction was unconstitutional. So he had to be retried again, but he couldn't be retried for 2nd degree murder. So he was going to be retried for manslaughter. Rather than be retried he pled guilty.
The State had a lot of difficulties with the new manslaughter prosecution after they were barred by double jeopardy from retrying him for second degree murder. At the first trial, the State argued this wasn't a manslaughter case because Gasser was the provoker. At a new trial, to prove manslaughter they would have had to argue that McKnight was the provoker. Gasser filed a motion based on judicial estoppel to prevent the State from arguing inconsistent theories and/or to admit inconsistent prior prosecutorial statements.
quote:
But the La Supreme Court said that those convicted on split-verdicts do not get new trials.
Apparently the USSCt said that they do, or at least this guy does.
Seems like everyone else should get a new trial if this guy does.
In case you didn't know, US Supreme Court decisions trump LA Supreme Court. The USSC Ramos decision made 10-2 verdicts unconstitutional, so everyone convicted on such a basis gets a new trial.
Posted on 12/20/22 at 6:17 pm to Deactived
quote:
This isnt like Gasser walked up to McKnight while he was shopping and just shot him dead
Oh okay.
Posted on 12/20/22 at 6:19 pm to Maximus
quote:
This guy had a prior incident where he road raged at someone, they called the number on his truck. The call went to him and he followed that person to a gas station to confront him etc. He's a real cock sucker.
They usually do, but it's okay, because McKnight got out of his car.
This guy clearly has an anger issue and is willing to kill people over it.
Posted on 12/20/22 at 6:21 pm to TigerintheNO
What’s the actual story of what happened? Dude road raged w/ McKnight, got out, approached, and shot him? Or both got out? Fight? Tragic and pointless, but i don’t remember full details. TIA
Posted on 12/20/22 at 6:58 pm to bah humbug
iirc, they were back and forth on the bridge and it continued to gen de gaulle then went to behrman highway where it stopped at holmes blvd. Joe got out the car and approached the other guys car and this is where the guy said Joe was trying to get in his car and he shot him.
to be road raging for that long with another car is crazy
to be road raging for that long with another car is crazy
Posted on 12/20/22 at 9:16 pm to LSUtigah
quote:
In case you didn't know, US Supreme Court decisions trump LA Supreme Court. The USSC Ramos decision made 10-2 verdicts unconstitutional, so everyone convicted on such a basis gets a new trial.
Yes, Ramos said non-unanimous verdicts are unconstitutional. But it did NOT say it was to be retroactively applied. And in fact, in Edwards v. Vannoy, decided a year later, the U.S. Sct said that it did not retroactively apply.
And the La Supreme Court, this year, said it would not be retroactive in La.
So, why was this guy's conviction overturned, if Ramos doesn't apply retroactively?
Posted on 12/20/22 at 9:33 pm to LSUtigah
quote:
The USSC Ramos decision made 10-2 verdicts unconstitutional,
Only 2 states, iirc, could convict on 10-2 verdicts.
Oregon and Louisiana.
Posted on 12/20/22 at 9:44 pm to LSUintheNW
quote:The guy drove like an out of control psychopath that had prior incidents of road rage and pulling out his gun
Ah, zero context to a difficult situation.
He is a danger to society and 10 years is a joke
Posted on 12/20/22 at 9:56 pm to lsupride87
quote:
The guy drove like an out of control psychopath that had prior incidents of road rage and pulling out his gun
If I remember correctly they were both driving like suicidal maniacs.
Posted on 12/20/22 at 10:02 pm to lsupride87
quote:
lsupride87
I remember most of it. Kind of like the Will Smith situation.
Both sides fricked up and someone died.
Posted on 12/20/22 at 10:04 pm to Overbrook
quote:
So, why was this guy's conviction overturned, if Ramos doesn't apply retroactively?
I think his case was still in the appeal phase when LA voted to ban non-unanimous juries and then Ramos came down making it different than most of the 1,500 other cases.
Posted on 12/20/22 at 10:12 pm to bah humbug
quote:
What’s the actual story of what happened? Dude road raged w/ McKnight, got out, approached, and shot him? Or both got out? Fight? Tragic and pointless, but i don’t remember full details. TIA
they went back and forth for about 5miles, Gasser followed McKnight down an Exit he would not have taken other wise. They met side by side at a red light, Mcknight got out (unarmed) and Gasser shot him. Then stood over him and peacocked. He didnt even go to jail that night
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