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[LiberalFighter]

This message was self-deleted by its author (LiberalFighter) on Mon Apr 19, 2021, 05:58 PM. When the original post in a discussion thread is self-deleted, the entire discussion thread is automatically locked so new replies cannot be posted.

[elleng]

1. A little late, eh???

[DURHAM D]

2. What? How strange. nt

[canetoad]

7. Maybe not

I don't have the references or links to hand. Sorry.

Within the past couple of days read an article here in Australia about the conviction rates in judge only trials. Since Covid, many jury trials have been replaced with Judge only verdicts and the conviction rate is considerably less than with a jury.

They may have been reading the overseas news and thought it was worth a try.

[DURHAM D]

15. The defense attorney is waaaaayyyy too late for such a request.

Actually seems he is stupid.

[ok_cpu]

3. Not on guilt as to the charges

But whether the prosecution has proven aggravating factors if he is convicted.

[Budi]

4. Seriously! He can't change it now. Can he?

He knows he's screwed.
Prosecution did their job simply by presenting the truth.

[Gidney N Cloyd]

5. I thought that had to do with the side issue of aggravated sentencing.

[SoCalDavidS]

6. What A Misleading Posting nt

[hlthe2b]

11. See my post below. THe OP is totally confused and should self-delete

[SoCalDavidS]

20. Yeah, Except They're Nowhere To Be Found

Posted a new topic with very misleading information, and then completely disappeared.

[hlthe2b]

8. NO NO NO That was SOLELY on the issue of aggregated circumstances... The jury decides verdict, but

there was an option for either jury or judge to decide if the prosecution had met burden for additional aggregating factors that would influence sentencing.

[johnp3907]

9. Inaccurate.

[Ocelot II]

10. Normal procedure. He's moving for a judgment of acquittal or not to consider aggravating factors.

It's like a directed verdict in a civil case.

Minnesota Rules of Criminal Procedure, 26.01, Subd. 18.Motion for Judgment of Acquittal or Insufficient Evidence for an Aggravated Sentence.

(1) Before Deliberations.

(a) Charged Offense. At the close of evidence for either party, the defendant may move for, or the court on its own may order, a judgment of acquittal on one or more of the charges if the evidence is insufficient to sustain a conviction.

(b) Aggravated Sentence. The defendant may move for, or the court on its own may order, that any aggravating factors be withdrawn from consideration by the jury if the evidence is insufficient to prove them.

(2) Reservation of Decision. If the defendant's motion is made at the close of the prosecution's case, the court must rule on the motion. If the defendant's motion is made at the close of the defendant's case, the court may reserve ruling on the motion, submit the case to the jury, and rule before or after verdict. If the court grants the defendant's motion after a verdict of guilty, the court must make a written finding stating the reason for the order.

https://www.revisor.mn.gov/court_rules/cr/id/26/

Nelson is asking the judge not to consider aggravating factors. Obviously the motion will be denied, but he has to make it to preserve the claim for appeal.

[11 Bravo]

12. No, no, no.

He waived his right to have a jury to decide if special circumstances should be considered if he is convicted.

[Progressive Jones]

16. Am I right in assuming that "special circumstances" could mean a harsher sentence? nt

[Ocelot II]

17. The sentencing guidelines provide for a range of sentence for a particular crime.

The three statutes under which Chauvin was charged each carry a maximum sentence, but the judge could give him a sentence less than the maximum, depending on the factors listed in the guidelines. If there are aggravating circumstances that would presumably result in the maximum sentence the statute provides for.

[Progressive Jones]

18. Thanks for clearing that up. nt

[Suburban Warrior]

13. Wrong

[left-of-center2012]

14. You got it wrong

Read post number 11

[USALiberal]

19. Wrong, delete! Nt