- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
8
Posted on 2/10/21 at 7:18 pm to pchwinner
quote:
Explain this to me like I’m 5
Judge agreed that because the jury found him guilty of the lesser charge of manslaughter, they found him not guilty of 2nd degree murder. Once you are found not guilty of a crime, you cannot be retried for that crime. Double jeopardy has kicked in on the 2nd degree murder charge.
Posted on 2/10/21 at 7:19 pm to pchwinner
The original jury says not guilty of murder when they say guilty of manslaughter, which is a responsive (lesser) verdict.
When he gets a new trial, that prevents the state from getting a second bite at the apple on 2d degree murder. Now they have to try for manslaughter and face the 40 year max with 10 year firearm enhancement.
When he gets a new trial, that prevents the state from getting a second bite at the apple on 2d degree murder. Now they have to try for manslaughter and face the 40 year max with 10 year firearm enhancement.
Posted on 2/10/21 at 7:19 pm to pchwinner
quote:
Explain this to me like I’m 5
Double Jeopardy. He was already tried for 2nd degree murder and was implicitly acquitted by the manslaughter charge.
Posted on 2/10/21 at 7:21 pm to pchwinner
quote:
Explain this to me like I’m 5
In the first trial, the jury rejected the murder charge, instead convicting him on the lesser included manslaughter charge. This was essentially an acquittal on the murder charge. With that, he can't be tried again for murder. Would be double jeopardy. That's the best I got.
Posted on 2/10/21 at 7:25 pm to pchwinner
quote:
Explain this to me like I’m 5
Apparently the DA had some kind of minor stroke and forgot, you know, law and stuff.
You can't attempt to retry someone after their conviction on a lesser included offense. That's it. The DA took his shot and he missed.
Posted on 2/10/21 at 7:30 pm to pchwinner
quote:
Explain this to me like I’m 5
Posted on 2/10/21 at 8:20 pm to pchwinner
USSC ruled that the Louisiana unanimous jury verdict law is unconstitutional. All non unanimous convictions are considered not guilty acquittals. They didn’t say, however, if this equaled double jeopardy / res judicata for purposes of a second trial. I honestly think the JP judge did it on purpose to force the fools at the USSC and LaSC to think about the potential results of their decisions. I mentioned this in a thread two years or so ago when the ruling occurred (unintended consequences of social justice decisions). Their SJ decision was intended to apply to murder convictions , not manslaughter responsive verdicts. Problem is, based upon their reasoning, it applies to this situation. Will be interesting to see what sort of gymnastics are performed to get around this one.
Posted on 2/11/21 at 7:33 am to pchwinner
Many times prosecutors will throw in charges that they know aren't warranted based on the facts. So, like in this case, they'll throw in Murder when they know that the facts only really call for manslaughter. This is a psychological ploy. They want jurors to believe that by not convicting him of Murder they are doing the defendant some kind "favor" and they are "compromising" by convicting him of the "lesser charge". It's part of the game and part of the prosecutors game plan.
Out of the 10 that voted to convict Gasser in the first trial there are probably at least a couple who were just "cutting the baby" and felt they were doing Gasser a favor by not convicting him of Murder. In reality, Gasser should never have been charged with Murder in the first place.
SIDENOTE -- If I were a prosecutor in this case, one of the questions I would ask of all potential jurors is whether they they are an LSU fan and whether they follow recruiting. If they answer "Yes," I would look to exclude them for cause. If the judge doesn't agree, I would use a peremptory. This is a high profile case and involves racial/political overtones. And, Joe McKnight is not a very popular character with many LSU fans after the clown show he, his family, and J.T. Curtis put on with his recruitment. A prosecutor will need a jury that really feels sorry for McKnight and his family.
Out of the 10 that voted to convict Gasser in the first trial there are probably at least a couple who were just "cutting the baby" and felt they were doing Gasser a favor by not convicting him of Murder. In reality, Gasser should never have been charged with Murder in the first place.
SIDENOTE -- If I were a prosecutor in this case, one of the questions I would ask of all potential jurors is whether they they are an LSU fan and whether they follow recruiting. If they answer "Yes," I would look to exclude them for cause. If the judge doesn't agree, I would use a peremptory. This is a high profile case and involves racial/political overtones. And, Joe McKnight is not a very popular character with many LSU fans after the clown show he, his family, and J.T. Curtis put on with his recruitment. A prosecutor will need a jury that really feels sorry for McKnight and his family.
This post was edited on 2/11/21 at 7:47 am
Page 1 of 1
Popular
Back to top
Follow TigerDroppings for LSU Football News