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Started By
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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 7:37 pm to White Roach
Posted on 2/10/21 at 7:37 pm to White Roach
quote:
Didnt he get a 40 year sentence?
Supreme Court overturned due to nonunanimous jury. They can only retry him on the manslaughter charge.
1
Posted on 2/10/21 at 7:42 pm to slackster
quote:
I don't have a problem with that decision, and I am/was very anti-Ronald Gasser.
Wasn't this already established law? Surely this question has come up in the decades if not centuries that we've had lesser included offenses.
Posted on 2/10/21 at 7:55 pm to supadave3
quote:
Well, this one didn’t turn out like the liberals had hoped.
You can't find a thread on this board in which a political comment is made on the first page.
frick the politics. I forgot the situation on this case, but wasn't it a case of road rage (maybe by both parties?) and him shooting McKnight in self defense was highly questionable?
Are you saying liberals wanted a lesser sentence? I am confused by this comment.
Posted on 2/10/21 at 8:02 pm to OweO
His past experience with road rage was admitted as evidence. McKnight got out of his vehicle and attempted to attack Gasser who shot McKnight dead. There were a lot of bad decisions and lack of judgment on both sides it appears.
This post was edited on 2/11/21 at 1:53 am
Posted on 2/10/21 at 8:11 pm to Major Dutch Schaefer
They said that the new unanimous ruling protects minorities, irony that a white guy is getting out on this one...
I guess they didn’t have it figured whites were in the same boat as minorities in the old system...
I guess they didn’t have it figured whites were in the same boat as minorities in the old system...
Posted on 2/10/21 at 8:14 pm to Major Dutch Schaefer
It’s the correct holding of the statute.
Can’t believe he didn’t get sacked in the first trial.
Jury of your peers?
Can’t believe he didn’t get sacked in the first trial.
Jury of your peers?
Posted on 2/10/21 at 8:16 pm to USMEagles
Actually, if the manslaughter verdict is defective because the jury was not unanimous, an argument exists that the second degree murder is defective for the same reason.
However, what gives the defendant the edge, here, is that the system can't "punish" someone for taking an appeal. It's called "chilling the rights" to appeal. "OK, defendant, you have a right of appeal; we don't. But, if you win, we win, too. So, you better not appeal."
However, what gives the defendant the edge, here, is that the system can't "punish" someone for taking an appeal. It's called "chilling the rights" to appeal. "OK, defendant, you have a right of appeal; we don't. But, if you win, we win, too. So, you better not appeal."
Posted on 2/10/21 at 8:17 pm to TribeCalledQuest
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 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 2/10/21 at 8:20 pm to Philzilla2k
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.
Personally, I think Gasser murdered McNight. It wasn’t premeditated but Gasser shouldn’t be among society.
Posted on 2/10/21 at 8:21 pm to GardenDistrictTiger
quote:
His past experience with road rage was admitted as evidence. McKnight got out of his vehicle and attempted to attack Gasser and was shot McKnight dead. There were a lot of bad decisions and lack of judgment on both sides it appears.
I gotcha, now that you mention this I remember it more clear. I see someone downvoted this.. Not sure why. Because, again, like I said, now that you mention it, it was a situation in which it was just a bad situation on both sides.
Posted on 2/10/21 at 8:24 pm to OweO
Better question, why wasn’t this Louisiana jury frickery challenged earlier?
Posted on 2/11/21 at 12:04 am to White Roach
Yeah, I don’t know why anyone in New Orleans being attacked in their vehicle by a large angry black man would fear for their lives. I mean... that’s not a legitimate fear in New Orleans, is it? GTFOH
Posted on 2/11/21 at 12:09 am to OweO
Da fuq are you confused by? Liberals wanted Gasser to be locked away under the jail for life because he is a white guy, in the rare case in today’s world, who shot and killed a black guy. Which, of course, automatically means he was rayciss cuz the black guy dindu nuffin. Liberals wanted that nazi MFer to burn in jail hell for all eternity
This post was edited on 2/11/21 at 12:25 am
Posted on 2/11/21 at 12:13 am to Hangover Haven
You’re funny. Check the stats on murderers that get acquitted because of the new unanimous jury rule BS over the next few years.The white perps that get off compared to the number of black peeps won’t even be remotely comparable.
This post was edited on 2/11/21 at 12:22 am
Posted on 2/11/21 at 12:13 am to Vote4MikeAck504
This ruling probably means the man who murdered former Saint Will Smith will get off too
Gasser had a better self defense case than that dude but same issue applies to both cases
A non-unanimous conviction on a lesser charge
Gasser had a better self defense case than that dude but same issue applies to both cases
A non-unanimous conviction on a lesser charge
Posted on 2/11/21 at 12:20 am to TribeCalledQuest
quote:
...I think Gasser murdered McNight... Gasser shouldn’t be part of society.
I don’t think Gasser is a murderer but for the sake of argument, neither should 2/3 of the legit murderers every year in NOLA that walk around free as can be in society because they never even get arrested in the first place. But here we are.
Posted on 2/11/21 at 6:05 am to slackster
Gasser is an asshoe who PURPOSEFULLY followed McKnight because McKnight had cut him off on the bridge. McKnight was foolish to get out of his car, But Gasser was the asshoe in all of this....100% asshoe
Posted on 2/11/21 at 6:23 am to Philzilla2k
quote:It has been challenged for years since the US Supreme Court said the 10-2 verdict was constitutional. Nearly every defendant in this state who was convicted by a non unanimous jury raised the issue and the courts merely denied relief citing the long standing precedent. The US Supreme Court simply denied cert and did not take up the issue again for decades. Then Louisiana voters approved a change to the state Constitution that requires unanimous juries. And then the US Supreme Court granted cert in a recent case and indicated that a unanimous verdict is required...in nearly all cases...even those before the state constitutional amendment.
Better question, why wasn’t this Louisiana jury frickery challenged earlier?
This post was edited on 2/11/21 at 6:29 am
Posted on 2/11/21 at 6:26 am to USMEagles
quote:
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.
The state's argument isn't bad at all. The Supreme Court finding that 10-2 verdicts are unconstitutional means that no legal verdict was rendered in the case, either on the murder or the manslaughter. Without a legal verdict, it's basically a mistrial and he can be tried again. Will see what 5th and LASC say.
This post was edited on 2/11/21 at 6:31 am
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