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Started By
Message
SCOTUS rules Louisiana non-unanimous juries unconstitutional
Posted on 4/20/20 at 10:57 am
Posted on 4/20/20 at 10:57 am
11
Posted on 4/20/20 at 10:58 am to Mr Wonderful
Here for the melts
Posted on 4/20/20 at 10:59 am to REG861
Didn’t we already overturn it legislatively? Could be wrong
Posted on 4/20/20 at 10:59 am to Mr Wonderful
quote:
Oregon is the only state left in which defendants can be convicted over the dissent of up to two jurors. Louisiana recently abandoned the practice after more than a century of use.
Posted on 4/20/20 at 11:00 am to Proximo
quote:
Didn’t we already overturn it legislatively? Could be wrong
We did. This raises issues of retroactivity. Could be a shitshow.
Posted on 4/20/20 at 11:00 am to Mr Wonderful
Good.
Posted on 4/20/20 at 11:00 am to Mr Wonderful
This is the way it should be.
Posted on 4/20/20 at 11:02 am to Mr Wonderful
I told ADA after ADA that, if I were them, I would have stipulated to a unanimous verdict in every case since SCOTUS granted cert in Ramos. None of them listened...
This post was edited on 4/20/20 at 11:05 am
Posted on 4/20/20 at 11:02 am to Y.A. Tittle
quote:
We did. This raises issues of retroactivity. Could be a shitshow.
Bingo. All the criminals in jail on non-unanimous verdicts will be looking for a retrial. Will be a huge mess. Not sure of the numbers, but I'd imagine it's quite a few.
Posted on 4/20/20 at 11:05 am to Mr Wonderful
seems more than fair. "beyond a reasonable doubt" would seem to require a unanimous decision
can't pack the jails for the subsidies that way though so i'm sure there are some angry parish jailers right now.
can't pack the jails for the subsidies that way though so i'm sure there are some angry parish jailers right now.
Posted on 4/20/20 at 11:05 am to Mr Wonderful
Good. When a man's freedom and life are on the line, there is no room for "pretty close".
Posted on 4/20/20 at 11:05 am to Mr Wonderful
JBE: Open the gates and let them roam free
This post was edited on 4/20/20 at 11:07 am
Posted on 4/20/20 at 11:05 am to Joshjrn
quote:
I told ADA after ADA that, if I were them, I would have stipulated to a unanimous verdict in every case since SCOTUS granted cert in Ramos. None of them listened...
SCOTUS overturning your conventions doesn’t hurt your stats, increasing the threshold for conviction does.
Posted on 4/20/20 at 11:07 am to Turbeauxdog
quote:
SCOTUS overturning your conventions doesn’t hurt your stats, increasing the threshold for conviction does.
Sure, but having to cut deals because your child witness in a molestation case doesn’t want to testify again might make the news.
Posted on 4/20/20 at 11:16 am to Mr Wonderful
We changed it legislatively, however, the ruling will allow post conviction relief for every felon incarcerated based upon a verdict that included one dissent.
Posted on 4/20/20 at 11:16 am to Y.A. Tittle
quote:
This raises issues of retroactivity. Could be a shitshow.
I read the opinion. Gorsuch specifically says it will only affect cases that are on direct appeal (about 45 cases in LA).
Says that prisoners whose appeals have been exhausted may try to have their convictions overturned through Habeus review but that it is unlikely and a question for a likely future case in front of them.
In Kavanaugh's concurrent opinion he overwhelmingly states that it shouldnt be retroactive
This post was edited on 4/20/20 at 11:18 am
Posted on 4/20/20 at 11:16 am to michael corleone
quote:
the ruling will allow post conviction relief for every felon incarcerated based upon a verdict that included one dissent.
It does not appear that way. See my post above
Posted on 4/20/20 at 11:18 am to Joshjrn
ADA's not listening to defense attorneys. Shocking.
Posted on 4/20/20 at 11:19 am to Demshoes
quote:
ADA's not listening to defense attorneys. Shocking.
Maybe they should start. As a general rule, we know the law better
Posted on 4/20/20 at 11:19 am to Ash Williams
I'm no lawyer, but I think SCOTUS has to eventually rule that it's retro to any less than unanimous conviction. How is it fair that only 45 get a new trial because they happened to have direct appeals, while others don't get that?
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