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re: Judge dismisses Manslaughter charge in Dan Penny case due to hung jury

Posted on 12/6/24 at 5:24 pm to
Posted by FlyingPelican
St. George, Louisiana
Member since Sep 2021
219 posts
Posted on 12/6/24 at 5:24 pm to
What's shameful (beyond pursuing the case), is there was at least one juror who wanted to convict.
New York deserves the hell it has become.
Posted by Wolfwireless
Member since Aug 2024
4783 posts
Posted on 12/6/24 at 5:25 pm to
quote:

A hung jury isn't considered a final verdict. He can still be tried for the same crime

You're right.
If the judge hadn't announced the charge dismissed.
That's where the weight comes in.
I'm not familiar with NY state law, but there's only so many times, or x amount of hours, (days sometimes) that the jury can go undecided. So at that point, the judge literally cant convict on said charge.
Posted by Wolfwireless
Member since Aug 2024
4783 posts
Posted on 12/6/24 at 5:27 pm to
quote:

the event of a hung jury is it the judge's discretion on whether jeopardy is attached?

Double Jeopardy is its own law. The judge nor prosecutor have any say in it.

It's a protection law. So that courts cannot just try you over and over until they get a conviction.
This post was edited on 12/6/24 at 7:32 pm
Posted by SirWinston
Say NO to War
Member since Jul 2014
104464 posts
Posted on 12/6/24 at 5:34 pm to
We are here for you, mate
Posted by Rebel
Graceland
Member since Jan 2005
143819 posts
Posted on 12/6/24 at 5:43 pm to
quote:

Sam Quint


what a low rent homo you are.
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28540 posts
Posted on 12/6/24 at 7:56 pm to
quote:

Double Jeopardy is its own law. The judge nor prosecutor have any say in it.

It's a protection law. So that courts cannot just try you over and over until they get a conviction.




But in the event of a hung jury or other mistrials sometimes jeopardy attaches and sometimes it doesn't.
Posted by Sam Quint
Member since Sep 2022
8878 posts
Posted on 12/6/24 at 7:57 pm to
quote:

Since the stroke I just am voice to text you don't have to read me even those that do don't understand it sometimes

Well aren't I the fricking a-hole. That's what I get for unsolicited shitposting.

My apologies, sincerely.
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
196572 posts
Posted on 12/6/24 at 7:59 pm to
Later in the night or a longer post

that one
yeah the cold weather takes a lot out of me


This time of year she's going to have a lot of pain
Posted by jrobic4
Baton Rouge
Member since Aug 2011
13286 posts
Posted on 12/6/24 at 8:10 pm to
If the criminal trial pissed you off, wait until you hear the POS's shitty family speak about the civil suit!
Posted by Wolfwireless
Member since Aug 2024
4783 posts
Posted on 12/7/24 at 8:59 pm to
quote:

But in the event of a hung jury or other mistrials sometimes jeopardy attaches and sometimes it doesn't.


Ok, I'm wondering if there's an issue with the definition of a retrial. The same court can and usually, does issue a retrial of the case the first time a jury is deadlocked.
The second time, like in this case, a judge CAN order another retrial. But has to show satisfactory proof, for doing so. However, in this case, the judge went the route of ending the trials, by dismissing. The case cannot be opened back up to try him on those charges again

But, once the case is resolved, nobody could bring Dan up on that charge against that fellow again.

I'm not trying to be lazy. But I think this article will give you the info that my ADHD brain has issues with.
https://www.rosenblumlawlv.com/happens-jury-hung-twice/
This post was edited on 12/7/24 at 9:03 pm
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