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re: Ronald Gasser can't be retried on murder charge in Joe McKnight killing, judge rules

Posted on 2/10/21 at 8:14 pm to
Posted by TribeCalledQuest
Member since Apr 2020
482 posts
Posted on 2/10/21 at 8:14 pm to
It’s the correct holding of the statute.

Can’t believe he didn’t get sacked in the first trial.

Jury of your peers?
Posted by Philzilla2k
Member since Oct 2017
11394 posts
Posted on 2/10/21 at 8:17 pm to
quote:

It’s the correct holding of the statute.

Can’t believe he didn’t get sacked in the first trial.

Jury of your peers?

McKnight should have stayed in his vehicle, instead of trying to grab Gasser in his vehicle.
Posted by MMauler
Member since Jun 2013
19892 posts
Posted on 2/11/21 at 7:39 am to
quote:

It’s the correct holding of the statute.

Can’t believe he didn’t get sacked in the first trial.

Jury of your peers?


This really isn't a statutory issue. It's a Constitutional issue. The Constitutional protection against Double Jeopardy isn't spelled out. Some believe that a hung jury should invoke Double Jeopardy but there are ruling that say it isn't. It's strictly a judge's interpretation. In this case, it sounds reasonable although reasonable people can disagree. I'm not sure if the DA can take an interlocutory appeal on this, i.e., appeal it before the trial.

As far as "get sacked," if Gasser had done this in Orleans Parish, he would most likely be buried underneath the jail. Hell, they might have gone for the death penalty and WON.

But, in Jefferson Parish he has a fighting chance. This will most likely be a majority white jury. If I were his defense attorney, I would definitely look to get as many white men on the jury -- especially LSU fans!!!
This post was edited on 2/11/21 at 8:01 am
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