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Spazito

(55,973 posts)

63. Actually, it is possible....

Tue Jul 16, 2013, 02:21 PM

Jul 2013

Here is a case where it did happen, where the State sought a mistrial after the verdict and won:

The defendant had been charged with both murder and conspiracy to murder. The jury deadlocked on the murder charge but he was acquitted on the conspiracy to murder charge.

The State sought a mistrial on the conspiracy to murder verdict arguing that there was some misunderstanding among jurors as they voted for the not guilty verdict, and asked the Judge to declare a mistrial on that charge.

The judge subsequently ruled in favor of a mistrial which allowed the State to go forward on both the conspiracy to commit murder and the murder charge in the retrial.

It is a fascinating case on the question of a mistrial after a verdict has been handed down especially given Juror B37's having said the jury didn't understand the manslaughter section of the jury instructions so decided not guilty was their only other choice.

Here is a link to the STATE TAYLOR v. JANES (West Virginia) Supreme Court of Appeals court decision:

http://caselaw.findlaw.com/wv-supreme-court-of-appeals/1520981.html

Edited to clarify jury deadlock part

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Juror B37 's Husband who is an Attorney Knows Mark O' Mara (Zimmerman's Defense Lawyer) [View all] HipChick Jul 2013 OP

Are you serious HipChick? JustAnotherGen Jul 2013 #1

If true, she should have been disqualified from serving on the jury... Humanist_Activist Jul 2013 #2

Right, but depends on how well they knew eachother, elleng Jul 2013 #7

From my understanding, my grandma didn't talk to him in years... Humanist_Activist Jul 2013 #10

Right again. Was perfectly correct that your grandma did not sit on that jury. elleng Jul 2013 #14

Equally important, did the juror disclose that on her juror qualification form... Spazito Jul 2013 #15

Very important. elleng Jul 2013 #19

It could be referred to as a jury information form in Florida... Spazito Jul 2013 #22

I was dimissed from a Fla jury pool HooptieWagon Jul 2013 #58

That seems to be the norm pretty well everywhere... Spazito Jul 2013 #61

When I've been through jury selection, everyone is dismissed who has any identifiable MH1 Jul 2013 #17

i think especially for a case like this it should matter JI7 Jul 2013 #25

What if she didn't disclose it.. HipChick Jul 2013 #27

Agreed, amongst those in the last jury pool I was in... GReedDiamond Jul 2013 #81

As I understand it, hubby is an attorney truebluegreen Jul 2013 #127

We'll have to wait til the book comes out! leftstreet Jul 2013 #3

This seems way too far-fetched (like Zimmerman's story) NoOneMan Jul 2013 #4

What is so far fetched about it? PotatoChip Jul 2013 #43

O'Mara is the head of the bar in that 'burg Ruby the Liberal Jul 2013 #84

See post #127 above truebluegreen Jul 2013 #131

B37 already has a book contract too... Sancho Jul 2013 #5

Good old social media got that book deal squashed :) fierce_liberal Jul 2013 #83

Dunno, elleng Jul 2013 #6

Yes..that what I am thinking...small town mentality HipChick Jul 2013 #12

i don't think degree is that important. there must be other potential jurors who aren't married HiPointDem Jul 2013 #34

I don't think there is anything you can do about this now. Double Jeopardy. nt LaydeeBug Jul 2013 #8

Actually, this is one of the leftynyc Jul 2013 #65

100% correct. jessie04 Jul 2013 #98

Wrong ceonupe Jul 2013 #107

What. The. Fuck. graywarrior Jul 2013 #9

Conflict of interest should have got her tossed even before voir dire. kestrel91316 Jul 2013 #11

that is a serious charge if true Mr. David Jul 2013 #13

It's not possible to have a mistrial after a vertdict. LisaL Jul 2013 #16

Actually, it is possible.... Spazito Jul 2013 #63

That is not what that case said. newcriminal Jul 2013 #96

The decision went against the double jeopardy claim... Spazito Jul 2013 #97

Meaning they could use the evidence. newcriminal Jul 2013 #100

In allowing conspiracy into the retrial, it allowed the jury to consider conspiracy in their... Spazito Jul 2013 #104

That is incorrect. rug Jul 2013 #108

" the holding was that collateral estoppel did not apply." Spazito Jul 2013 #110

No it didn't. The acquittal on the conspiracy stood. rug Jul 2013 #111

It stood but lost it's relevance due to jury confusion... Spazito Jul 2013 #112

None of that is in the appellate decision. rug Jul 2013 #114

It is the effect of the appellate decision... Spazito Jul 2013 #115

I see he was released last September after serving 5 years of a 10 year sentence. rug Jul 2013 #118

Yes, it was losing the appeal which allowed the conspiracy evidence in... Spazito Jul 2013 #119

It also forced the prosecution to come down from 15 to life. rug Jul 2013 #120

I don't know if I would use the word "forced" seeing as the State won the appeal... Spazito Jul 2013 #121

The decision gave the prosecution a path but it was a very narrow one. rug Jul 2013 #123

You and I are not going to agree on the reason why... Spazito Jul 2013 #132

No, because how the prosecution used that evidence at trial would have to be measured against the rug Jul 2013 #133

A different question than appealing the inclusion of the conspiracy evidence in the trial.... Spazito Jul 2013 #138

Likewise. rug Jul 2013 #139

I was very much doubting claims of Collusion today HipChick Jul 2013 #18

If she failed to disclose this, she should be tried for perjury! hedgehog Jul 2013 #59

Do you know everyone that your spouse knows professionally onenote Jul 2013 #87

If that is true, then there is no way that she should have avebury Jul 2013 #20

Twitter!? HolyMoley Jul 2013 #21

I think you are just old...all media outlets are on Twitter HipChick Jul 2013 #23

You've got to be kidding. In the legal community COLGATE4 Jul 2013 #24

They have to disclose information like that to the court BainsBane Jul 2013 #29

That information would have come out on COLGATE4 Jul 2013 #46

Do you have proof it did? BainsBane Jul 2013 #49

Becaused, as a trail lawyer I've worked with COLGATE4 Jul 2013 #56

As a 'trail lawyer' you must have someone else type your briefs.... alittlelark Jul 2013 #77

Yep. That why we have secretaries. Me, I COLGATE4 Jul 2013 #78

shouldn't be on the jury, regardless. HiPointDem Jul 2013 #35

I forgot. It's because of COLGATE4 Jul 2013 #45

It's called conflict of interest BainsBane Jul 2013 #51

There is no conflict of interest. She doesn't COLGATE4 Jul 2013 #54

no, it's because there are nearly 500,000 people in seminole county & that the wife of an HiPointDem Jul 2013 #70

Why? Most attorneys in a given location know each other COLGATE4 Jul 2013 #72

funny that with a potential jury pool of over 200,000 people they couldn't get anyone but the HiPointDem Jul 2013 #73

For the conspiracy minded, no set of facts will COLGATE4 Jul 2013 #74

yes, there's so much similarity between the spouse of an attorney who knows the defending HiPointDem Jul 2013 #75

Quit while you're ahead. You're just COLGATE4 Jul 2013 #76

Wait! left on green only Jul 2013 #26

maybe nothing can be done about that now as far as Cha Jul 2013 #28

This isn't really an issue in a smaller town Blue_In_AK Jul 2013 #30

Interesting... HipChick Jul 2013 #32

sanford population 53K. everybody doesn't know everybody. i live in a smaller town, & HiPointDem Jul 2013 #36

Point taken. Blue_In_AK Jul 2013 #37

if her husband is a lawyer, regardless of how well he knows o'mara, she should have been HiPointDem Jul 2013 #38

I didn't know we were living in the 1950s onenote Jul 2013 #86

The jury wasn't selected from Sanford - it was from all of Seminole County - roughly 430k. n/t whopis01 Jul 2013 #48

even more reason to wonder why a woman whose husband knew o'mara professionally got onto HiPointDem Jul 2013 #68

i live in a town that size markiv Jul 2013 #129

I live in a smaller town gollygee Jul 2013 #41

I agree with you Blue_In_AK Jul 2013 #66

That's how Taffe knew the vote break down apples and oranges Jul 2013 #31

Good point.. HipChick Jul 2013 #33

+1 HiPointDem Jul 2013 #39

How do you know this? LukeFL Jul 2013 #40

One of Z's neighbors let it slip on HLN before the verdict uponit7771 Jul 2013 #44

You obvioulsy do not know how jury's work ksoze Jul 2013 #42

He also stated on Fox he had an 'inside source' who told him about the 5 - 1 deadlock... Spazito Jul 2013 #52

In 11 hours....n/t Horse with no Name Jul 2013 #55

Yep, I saw that, and Nancy went nuts on him. Punkingal Jul 2013 #57

. mzmolly Jul 2013 #103

It depends on what your definition of "know" is ...... oldhippie Jul 2013 #47

Its not whether he should or shouldn't be allowed to practice... Anansi1171 Jul 2013 #53

The point was whether or not ...... oldhippie Jul 2013 #71

Did he know any of the prosecutors? nt. NCTraveler Jul 2013 #50

If he knew the lawyers on either side of this case... Spazito Jul 2013 #60

Edited with new info... Lucinda Jul 2013 #62

"His wife is similar in shape to the lady in silhouette" ksoze Jul 2013 #64

Nope. Was just an observation. He has already said it wasn't his wife anyway. n/t Lucinda Jul 2013 #67

he who? HiPointDem Jul 2013 #69

i want to keep this bumped. HiPointDem Jul 2013 #79

. HiPointDem Jul 2013 #80

I was once dismissed from jury duty Mr.Bill Jul 2013 #82

More tweets about B-37's Husband Dalai_1 Jul 2013 #85

There was a post here earlier in the week suggesting that he recommended O'Mara malaise Jul 2013 #88

K&R n/t Dalai_1 Jul 2013 #89

Mere knowing is generally not a COI aikoaiko Jul 2013 #90

Was there a mole on the Zimmerman jury? MinM Jul 2013 #91

Video clips of Taaffe & B37 regarding 5-1 holdout Joo Jul 2013 #92

Hi there Kali Jul 2013 #93

? Joo Jul 2013 #94

my name in real life Kali Jul 2013 #95

Ditto Joo Jul 2013 #99

It could be considered mzmolly Jul 2013 #105

Your username could be construed as racist by some... Agschmid Jul 2013 #106

Do you mean or are you mean... Joo Jul 2013 #116

Well I'm gay... Agschmid Jul 2013 #117

Tx but... Joo Jul 2013 #122

It's a fine place we just can get a bit "cray" sometimes... Agschmid Jul 2013 #124

Question Joo Jul 2013 #125

Nope. Agschmid Jul 2013 #126

I don't mean to make you feel uncomfortable Kali Jul 2013 #130

WTH? Joo Jul 2013 #134

OK. no problem. Kali Jul 2013 #137

Then... Joo Jul 2013 #144

Welcome to DU, and you did a good job of standing your ground there mtnester Aug 2013 #149

Welcome to DU, Joo! calimary Jul 2013 #148

"Ambulance chaser Mark O'Mara" Dawson Leery Jul 2013 #101

Holy mzmolly Jul 2013 #102

O'Mara was a State's Attorney for 30 years Nevernose Jul 2013 #109

Hmm did they stack the deck? SummerSnow Jul 2013 #113

Yes, you all organize for gun proliferation here BainsBane Jul 2013 #128

Message auto-removed Name removed Jul 2013 #143

Kicking it diabeticman Jul 2013 #135

And here's another theory (freshly pulled out of my ass, but HeiressofBickworth Jul 2013 #136

See post #86 onenote Jul 2013 #140

Message auto-removed Name removed Jul 2013 #142

If they're in the same practice area, very possible! Dagny_K Jul 2013 #141

Speaking as a lawyer's wife newcriminal Jul 2013 #145

A few thoughts on this Just Saying Jul 2013 #146

In a community like that, all lawyers will know each other. GreenStormCloud Jul 2013 #147