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Deedy Trial - Injustice? (Read 320325 times)

drck1000

Deedy Trial - Injustice?
« Reply #620 on: August 20, 2013, 02:57:46 PM »
Quote from: passivekinetic on August 20, 2013, 02:28:05 PM
Hey what happens with a hung jury?

Does the jury HAVE to come back with a verdict, for the accused to be immune via Double Jeopardy?

Surely there is a deadline for the verdict?
Hung jury does not imply guilt noR innocence, just no consensus reached on verdict. In criminal trials, at least the one I was on the jury, verdict must me unanimous. I don't believe there is a time limit.

There are a number of options for hung jury. The court may declare a mistrial and may retry the case.
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aieahound

Re: Deedy Trial - Injustice?
« Reply #621 on: August 20, 2013, 02:58:42 PM »
Yup. No unanimous verdict = Hung Jury = Mistrial.

The State could opt to try him again.

No deadline on when they need to return a verdict.
They would just need to conclude that they cannot come to a unanimous verdict.

Unless I'm completely wrong.
To quote William Hung:
"I have no professional training " 

Yeah, what drck said  ;D  He types faster and more to the point. 

Quote from: drck1000 on August 20, 2013, 02:57:46 PM
There are a number of options for hung jury. The court may declare a mistrial and may retry the case.

Could the judge declare him innocent due to lack of evidence.
I would think she would have done this after the prosecution rested it's case based on the defenses motion to dismiss.
She won't do that in a case of this magnitude IMO. 
What are the other options? If anyone knows offhand.
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Funtimes

Re: Deedy Trial - Injustice?
« Reply #622 on: August 20, 2013, 03:03:56 PM »
Topic for Waco related stuff is posted.  Any further posts on that topic should be here: http://2ahawaii.com/index.php?topic=10508.0
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Funtimes

Re: Deedy Trial - Injustice?
« Reply #623 on: August 20, 2013, 03:05:16 PM »
One of the problems for a new trial is funding...  The state has lots of money against one man and his family.
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passivekinetic

Re: Deedy Trial - Injustice?
« Reply #624 on: August 20, 2013, 03:14:13 PM »
Quote from: Funtimes on August 20, 2013, 03:05:16 PM
One of the problems for a new trial is funding...  The state has lots of money against one man and his family.

It's sort of the same with large corporations that bet you won't sue them for stealing your idea, etc.

In fact corporations pay this game of legal attrition against each other too, especially with smaller companies / individuals.
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Funtimes

Re: Deedy Trial - Injustice?
« Reply #625 on: August 20, 2013, 03:17:15 PM »
Quote from: passivekinetic on August 20, 2013, 03:14:13 PM
It's sort of the same with large corporations that bet you won't sue them for stealing your idea, etc.

In fact corporations pay this game of legal attrition against each other too, especially with smaller companies / individuals.

It's what got MDY Industries vs. Blizzard Entertainment in a copyright case.  So yeah.  I see it often in smaller criminal matters (like DUI).  Luckily. our gun case attorney has appealed a few of his DUI cases and set some case law that prohibits the State from making this a practice.
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passivekinetic

Re: Deedy Trial - Injustice?
« Reply #626 on: August 20, 2013, 03:21:37 PM »
Hey what actually happens with precedent?

Is it just like "Oh, so in that case, they decided XYZ so I should consider deciding this way also" or what? Laws are not laws until they are drafted up and then passed, right? Seems like two separate processes?

For instance, with this Deedy trial, whatever happens will be precedent. So, how does that affect the future?
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aieahound

Re: Deedy Trial - Injustice?
« Reply #627 on: August 20, 2013, 03:26:16 PM »
Funtimes chime in.

But precedent is only set at the appellate level. ( if the case is appealed and a higher court makes a ruling )
So this case won't set any precedents.
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macsak

Re: Deedy Trial - Injustice?
« Reply #628 on: August 20, 2013, 04:16:52 PM »
the defense should ALWAYS make a motion to dismiss due to lack of evidence at the end of the trial
it would have to be pretty be obvious for the judge to rule this, but the defense has to try

Quote from: aieahound on August 20, 2013, 02:58:42 PM
Could the judge declare him innocent due to lack of evidence.
I would think she would have done this after the prosecution rested it's case based on the defenses motion to dismiss.
She won't do that in a case of this magnitude IMO. 
What are the other options? If anyone knows offhand.
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Darmok and Jalad @Tanagra

Re: Deedy Trial - Injustice?
« Reply #629 on: August 20, 2013, 06:04:09 PM »
Quote from: Funtimes on August 20, 2013, 03:05:16 PM
One of the problems for a new trial is funding...  The state has lots of money against one man and his family.

Another problem with a retrial:  tainted jury pool.  May not be able to retry in this venue due to the overwhelming media coverage of the first trail.  Most people will have followed the testimonies and formed an opinion.  Would be difficult to find 12 totally unbiased jurors at this stage, I think.
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Funtimes

Re: Deedy Trial - Injustice?
« Reply #630 on: August 20, 2013, 06:25:33 PM »
Quote from: Darmok and Jalad @Tanagra on August 20, 2013, 06:04:09 PM
Another problem with a retrial:  tainted jury pool.  May not be able to retry in this venue due to the overwhelming media coverage of the first trail.  Most people will have followed the testimonies and formed an opinion.  Would be difficult to find 12 totally unbiased jurors at this stage, I think.

Trial goes out of Hawaii that is definitely a not guilty verdict lol.
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DEFENDING HAWAII

Re: Deedy Trial - Injustice?
« Reply #631 on: August 20, 2013, 09:44:58 PM »
ALOHA BOYS I AM BACK!!!!  I promise not to be a pain in the butt like the last time...

I agree with most of you that this is a hung jury.
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pastordennis

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Re: Deedy Trial - Injustice?
« Reply #632 on: August 20, 2013, 09:48:17 PM »
Deedy ......not guilty. I'm sticking to my original conclusion.
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Kingkeoni

Re: Deedy Trial - Injustice?
« Reply #633 on: August 20, 2013, 10:24:10 PM »
Quote from: DEFENDING HAWAII on August 20, 2013, 09:44:58 PM
ALOHA BOYS I AM BACK!!!!  I promise not to be a pain in the butt like the last time...

I agree with most of you that this is a hung jury.

What was your last forum name?
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Darmok and Jalad @Tanagra

Re: Deedy Trial - Injustice?
« Reply #634 on: August 21, 2013, 12:05:01 AM »
Quote
Legal analysts say in a case with so much evidence and testimony it's a good sign there hasn't been a quick verdict in the Christopher Deedy murder trial.

The case was spread out over five weeks so the fact jurors haven't made up their minds after two and a half days of deliberation is understandable. Attorneys say it shows jurors are going over the facts. However if deliberation goes longer than a week it could mean there is disagreement over guilt or innocence.

http://www.hawaiinewsnow.com/story/23201189/deedy-jury-taking-time-is-good-analysts-say
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hawaiian waters

Re: Deedy Trial - Injustice?
« Reply #635 on: August 21, 2013, 08:06:35 AM »
can someone clearup something for me?

lot is being said about deedy's status at the time...off duty, on duty, on call....


does anyone know for certain which one he was?     i have a friend who's bent on deedy being on call and therefore on duty.    everything Ive read says he's offduty and in fact Deedy's lawyer argued a statute saying Off duty agents are allowed to consume alcohol as long as not impaired.


thanks
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bass monkey

Re: Deedy Trial - Injustice?
« Reply #636 on: August 21, 2013, 08:16:37 AM »
Quote from: hawaiian waters on August 21, 2013, 08:06:35 AM
can someone clearup something for me?

lot is being said about deedy's status at the time...off duty, on duty, on call....


does anyone know for certain which one he was?     i have a friend who's bent on deedy being on call and therefore on duty.    everything Ive read says he's offduty and in fact Deedy's lawyer argued a statute saying Off duty agents are allowed to consume alcohol as long as not impaired.
thanks

I'm pretty sure he testified he was on call.   Also no one can prove he was impaired.

One thing to note, as Chris posted, is that you don't need a badge to tell someone to "knock off what they doing"   it just kinda helps.  Aunties and grandmas do it all the time, and people listen when they do.
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pastordennis

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Re: Deedy Trial - Injustice?
« Reply #637 on: August 22, 2013, 09:32:48 PM »
Rumor has it......4 guilty, 8 not guilty. 4 guilty....... not written in stone, not "dug in". As of Wed. 8/21/13.
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pastordennis

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Re: Deedy Trial - Injustice?
« Reply #638 on: August 22, 2013, 09:33:33 PM »
I hope Deedy walks.
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GZire

Re: Deedy Trial - Injustice?
« Reply #639 on: August 23, 2013, 10:23:42 AM »
Quote from: pastordennis on August 22, 2013, 09:32:48 PM
Rumor has it......4 guilty, 8 not guilty. 4 guilty....... not written in stone, not "dug in". As of Wed. 8/21/13.

If that's true, then I think this will be a hung jury. 
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