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re: Chauvin Verdict reached...GUILTY - ALL COUNTS

Posted on 4/21/21 at 9:47 am to
Posted by Flats
Member since Jul 2019
26944 posts
Posted on 4/21/21 at 9:47 am to
quote:

Someone including the judge should be asking a whole bunch of questions.


The judge probably "instructed" them in a way that led to their decision.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 4/21/21 at 9:50 am to
quote:

The judge probably "instructed" them in a way that led to their decision.


Well, unless there is something missing.... I wouldn't be surprised by this coming back to him, they simply appear to have convicted someone three times for the same act.

The one charge should have been thrown out from what I can tell because they didn't charge him with another felony. The only other felony is the other murder charges which are for the same act.

Under this process... nothing stopping the prosecutor from just continuously indicting and convicting on the same act.

1 death but 100 convictions for murder.
This post was edited on 4/21/21 at 9:53 am
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 4/21/21 at 9:54 am to
Read the statutes and it makes a little more sense.

I had the same question but MN law is weird.

He will only be sentenced on the most severe conviction I think
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 4/21/21 at 9:55 am to
quote:

Read the statutes and it makes a little more sense. I had the same question but MN law is weird. He will only be sentenced on the most severe conviction I think


If a jury can't make up its mind the type of act it is... that would be doubt. They are the fact finders but really didn't determine the facts.

Let's say someone might have involuntarily killed someone or they might have murdered them.... if a jury says both... than how could there not be doubt?
This post was edited on 4/21/21 at 9:57 am
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 4/21/21 at 9:56 am to
The statutes can all apply, they aren’t mutually exclusive.

It just doesn’t matter because only one will be used for sentencing
Posted by Flats
Member since Jul 2019
26944 posts
Posted on 4/21/21 at 9:57 am to
quote:

I wouldn't be surprised by this coming back to him,



I don't know if the judge did anything improper or not, but since when does the above happen? Especially in THIS trial?
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 4/21/21 at 9:58 am to
quote:

The statutes can all apply, they aren’t mutually exclusive.

It just doesn’t matter because only one will be used for sentencing




Yeah, I don't know MN criminal law for sure, but I would say a return like that is evidence of doubt by the jury. Clearly returning all those are contrary to one another.

The fact finder just said.... everything is possible.
This post was edited on 4/21/21 at 10:00 am
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 4/21/21 at 9:59 am to
It’s not. They all can apply. It’s not evidence of anything contrary.
Posted by The Silverback
Manhattan, NYC
Member since May 2013
2224 posts
Posted on 4/21/21 at 10:00 am to
If Chauvin wins the appeal, then what happens? Would he no longer be in custody (where’s he at now)?
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 4/21/21 at 10:02 am to
quote:

It’s not. They all can apply. It’s not evidence of anything contrary.


There is only one act. They returned three convictions for the same act... if they were same it would be duplicated.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 4/21/21 at 10:04 am to
quote:

If Chauvin wins the appeal, then what happens? Would he no longer be in custody (where’s he at now)?


I guess I am missing the logic of people of MN, maybe this backwoods logic is used up there and is the norm.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 4/21/21 at 10:06 am to
Read the laws and you’ll see how they can individually apply.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 4/21/21 at 10:28 am to
quote:

Read the laws and you’ll see how they can individually apply.


Well, right off the bat... he was convicted three times for the same act. He also wasn't charged with another act i.e. assault. For some reason the judge told the jury to look to see if another felony had occurred, only a prosecutor can bring charges.

This is backwoods logic, maybe that is how they operate but the whole thing seem very illogical.

The second/three degree murder charge is contrary to the manslaughter charge, imo, the first one deals unintended death while committing a crime. The other deals with negligence. Obviously, if he was doing stuff on purpose i.e. assault that isn't just negligence.... that's a willful act.

If he had committed another felony, logic would be that the prosecutor would have charged him with the felony.

Under the one statute they have to prove that he intended to commit a felony.... the other statute is negligence. Also, the third degree murder charge speaks of "depraved mind", which to me is setting up that the assault was not intentional.

If I was on the juror, my first question is why didn't the prosecutor file assault charges? (there would be no answer to that, you eliminate two of the three charges right there)

The State is asking the jury to fact find for a charge which was not brought i.e. assault, than giving the jury the option to return guilty on charges that are contrary.

Backwoods mentality to me.





This post was edited on 4/21/21 at 10:45 am
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 4/21/21 at 10:44 am to
I wish you would quit writing novels about something very simple. Minnesota criminal law permits stuff like this and only one is used for sentencing.

It’s dumb but it’s legal.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 4/21/21 at 10:48 am to
quote:

I wish you would quit writing novels about something very simple. Minnesota criminal law permits stuff like this and only one is used for sentencing.

It’s dumb but it’s legal.


It's dumb, it maybe allowed in MN, not sure. Not sure whether anyone in MN has challenged any of this, logically doesn't make sense.

I would say the charges are contrary, which is what the novel was about.

I would say willful negligence wouldn't be contrary.
This post was edited on 4/21/21 at 10:49 am
Posted by thejuiceisloose
Member since Nov 2018
6098 posts
Posted on 4/21/21 at 11:31 am to
quote:

There is no way in hell he should have been convicted of murder of any kind. I could understand manslaughter at the max, but murder? Hell fricking no


What type of legal background do you have?
Posted by Colonel Flagg
Baton Rouge
Member since Apr 2010
23390 posts
Posted on 4/21/21 at 12:35 pm to
I don’t understand how the verdict makes sense either.
This post was edited on 4/21/21 at 12:43 pm
Posted by LSUconvert
Hattiesburg, MS
Member since Aug 2007
6622 posts
Posted on 4/21/21 at 1:37 pm to
quote:

The judge probably "instructed" them in a way that led to their decision.


Gotta love the conspiracy theories.
Posted by TigerFan55555
Tomball, TX
Member since Nov 2008
9833 posts
Posted on 4/21/21 at 3:18 pm to
quote:

What type of legal background do you have?


he has common sense, way more difficult to have than a law degree these days...
Posted by Flats
Member since Jul 2019
26944 posts
Posted on 4/21/21 at 5:35 pm to
quote:

Gotta love the conspiracy theories.


If you think a judge nudging a case in one direction or the other doesn't happen or requires a conspiracy you're a stone cold idiot.
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