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Hernandez's murder conviction reinstated by Mass. highest court

Posted on 3/13/19 at 10:27 am
Posted by real turf fan
East Tennessee
Member since Dec 2016
8591 posts
Posted on 3/13/19 at 10:27 am
.

"Massachusetts' highest court on Wednesday reinstated the late Aaron Hernandez's murder conviction, which was erased after the former New England Patriots tight end killed himself in prison.

The Supreme Judicial Court also scrapped the legal principle that wiped out Hernandez's conviction for future cases, calling it "outdated and no longer consonant with the circumstances of contemporary life."

LINK
Posted by CaptainBrannigan
Good Ole Rocky Top Tennessee
Member since Jan 2010
21644 posts
Posted on 3/13/19 at 10:32 am to
Good. frick that guy. His family should not be allowed to collect NFL money from an outdated law. Great to see "activist judges" understanding modern times.
Posted by Lawyered
The Sip
Member since Oct 2016
29208 posts
Posted on 3/13/19 at 10:33 am to
glad to see they didn't leave him hanging on this matter
Posted by LordSaintly
Member since Dec 2005
38841 posts
Posted on 3/13/19 at 10:34 am to
Good
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 3/13/19 at 10:38 am to
(no message)
This post was edited on 5/26/23 at 3:58 pm
Posted by Winston Cup
Dallas Cowboys Fan
Member since May 2016
65489 posts
Posted on 3/13/19 at 10:48 am to
#postercalloutszn
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
83335 posts
Posted on 3/13/19 at 11:01 am to
Posted by Brian Wilson
Member since Mar 2012
2016 posts
Posted on 3/13/19 at 11:32 am to
Why was money wasted on this? He dead. Move on.
Posted by Black n Gold
Member since Feb 2009
15407 posts
Posted on 3/13/19 at 11:42 am to
quote:

Why was money wasted on this? He dead. Move on.


You not catch the future cases part?
Posted by Lou Pai
Member since Dec 2014
28088 posts
Posted on 3/13/19 at 11:56 am to
They also vacate that win UF had over LSU in 2009 when he pushed off?
Posted by Ed Osteen
Member since Oct 2007
57444 posts
Posted on 3/13/19 at 12:00 pm to
quote:

lsupride87 will be here shortly so that he can posthumously and figuratively suck his dick



Posted by Korin
Member since Jan 2014
37935 posts
Posted on 3/13/19 at 2:03 pm to
Well that's BS.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421319 posts
Posted on 3/13/19 at 2:14 pm to
quote:

Great to see "activist judges" understanding modern times.


oh so stare decisis means nothing in a common law country

brilliant legal analysis
Posted by diat150
Louisiana
Member since Jun 2005
43459 posts
Posted on 3/13/19 at 2:22 pm to
I'm sure Robert Kraft's standing in Massachusetts had nothing to do with this.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 3/13/19 at 2:23 pm to
quote:

oh so stare decisis means nothing in a common law country

brilliant legal analysis


I'm troubled here, on one hand I immensely respect and honor stare decisis and this legal principle's roots in our common law heritage and believe we should uphold it, on the other hand, this might be the only activist decision I ever agree with in my life considering Hernandez was a POS and deserves to be acknowledged forever as a convicted murderer and rightly trashed for it, frick that guy, oh well.
Posted by tigahland
Baton Rouge, LA
Member since Jun 2016
3213 posts
Posted on 3/13/19 at 2:25 pm to
quote:

They also vacate that win UF had over LSU in 2009 when he pushed off?


pretty sure that was Riley Cooper
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421319 posts
Posted on 3/13/19 at 2:57 pm to
the irony is that this rule is in place to effectively protect and affirm appellate power
Posted by LSUlefty
Youngsville, LA
Member since Dec 2007
26440 posts
Posted on 3/13/19 at 3:39 pm to
quote:

glad to see they didn't leave him hanging on this matter


That's wrong, yet I upvoted.
Posted by LSU82BILL
Fort Lauderdale, FL
Member since Sep 2006
10308 posts
Posted on 3/13/19 at 7:46 pm to
quote:

Why was money wasted on this?


His family was trying to collect $15 million off his contract that was terminated because of the murder conviction. He appealed then committed suicide. The old law would have allowed his family to collect the money because he "died" prior to the completion of the appeal wiping his record clean under Massachussets law.
This post was edited on 3/13/19 at 7:50 pm
Posted by bbrownso
Member since Mar 2008
8985 posts
Posted on 3/13/19 at 8:02 pm to
quote:

His family was trying to collect $15 million off his contract that was terminated because of the murder conviction.

Actually, the suit was tossed out in February (and they weren't going after the NFL and Patriots for his contract but for loss of consortium, etc due to CTE).

However, he didn't opt-out of the settlement (since he was kinda busy with that murder trial thing), so they can't sue.

Profootballtalk article
quote:

The so-called “loss of consortium” lawsuit filed by Hernandez’s daughter, which would have sought compensation for the fatherly interactions, support, and influence that necessarily ended when he died, is separate from any rights belonging to Hernandez himself. Still, with Hernandez not preserving his ability to separately sue the NFL before the July 2014 deadline, neither he nor any family members will be able to seek compensation from the league for his death.

Even if Hernandez’s daughter’s lawsuit had proceeded, it would have been a difficult one to prove. Hernandez entered the NFL after its October 2009 concussion epiphany, years after the league had stopped shouting down and otherwise ignoring the potential consequences of head trauma. Also, the lost relationship between Hernandez and her daughter necessarily was undermined by the fact that he likely would have spent the rest of his life in jail, if he had lived.


The main reason this was done is probably because his suicide before verdict was "confirmed" put a spotlight on this potential situation which can cause some problems.

Logically, if he was found guilty, killing himself prior to a confirmation, shouldn't undo the jury verdict. It was crazy that such a loophole to be so accepted in the first place.
This post was edited on 3/13/19 at 8:06 pm
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