GUILTY NC - Jason Corbett, 39, murdered in his Wallburg home, 2 Aug 2015 #10

[Frizby]

apparently no new evidence can be introduced if a retrial is to take place.

But MM got to take to the stand via default. Lies about the abuse, lies about JC first wife, lies about the children. From what I can gather, that ABC show is a much watched program over in the states. Be tough to find a jury who had not watched it or did not know anyone who had watched it.

 

[Grouchymom]

Could the wife's disagreement have been made immediately after the verdict?

No you can not appeal based on evidence that was - available at trial or should have reasonably been available at the time of trial - but not utilized.

That will never be grounds for appeal. They had their shot and chose not to use it. They only time new evidence can be entered in an appeal or new trial that was ordered by appeal, is if it was discovered after trial and should not have been reasonably available prior to or during trial. Meaning if either side with due diligence should have found the information, the fact that they didn't find it doesn't make it admissible after the initial trial.

A mis-trial is the exemption tho the new evidence rule. Otherwise everyone convicted would bog down the legal system appealing every little detail that wasn't used in the original trial. (Ex: "Jane Doe" didn't testify in an original trial to something she observed and the defendant knew she observed, so after conviction prisoner tries to use her information for an appeal and as new evidence. If it were allowed and new trial occurs prisoner is convicted again. Now the appeal that "john Doe didn't tell the court something is used and it becomes a revolving door of appeals and re-trials.)

It sounds cold but the line has to be drawn somewhere.

imo

 

[Estelle]

Walter Holton and Cheryl Andrews, lawyers for Molly Martens-Corbett, and David Freedman and Jones Byrd, lawyers for Thomas Martens, also allege that the jurors were biased.

They claim that one juror talked post-trial about the case on social media, mentioning that Molly Corbett was "delusional" and "how daddy and Sharon (Molly’s mother) enabled this non-human person."
http://www.independent.ie/irish-new...murder-verdict-to-be-thrown-out-36041055.html

IMO these jurors were not biased but had formed their own perceptions of what they perceived was the case based on what they heard and by reading the non-verbal communication of the Defendants. Even though MM was silent, the jurors were able to read her body language - to see when she cried and what she was crying about and when she did not cry or look upset. Together with the verbal communication in the court room, they were able to form their own views.

"Dr. Albert Mehrabian, a research psychologist, divides the total impact of the communicated message into 7% verbal and 93% non-verbal. On further analysis he breaks down the non-verbal message into the following categories: 38% vocal and 55% facial. Facial expressions and their non-verbal implications might best be understood in context of our use of our built-in polygraph instincts. Even in our non-professional lives, we constantly examine another person's gestures or " looks" in an effort to find out if the person is being truthful with us."

http://www.stephanpeskin.com/NY-Inj...-for-Attorneys/Non-Verbal-Communication.shtml

 

[stmarysmead]

apparently no new evidence can be introduced if a retrial is to take place.

Kitty, are you sure? I don't think new evidence can come into an appeal, but I think it can in a retrial. It's a start over. I'll look for a link.

 

[kittythehare]

Kitty, are you sure? I don't think new evidence can come into SN appeal, but I think it can in a retrial. It's a start over. I'll look for a link.

Its from a post from Emma, earlier this morning

but because I have been focusing on implications of recent defence affidavit, I had assumed it was that to which she was referring.
Try look at post I made during night from Judge's handbook on jury improprieties.. Its a 17 page document..
Unless any of the alleged violations affected the verdict and the evidence, its unlikely any action will be taken to change the verdict

 

[stmarysmead]

New evidence can be brought to bear during a retrial at a district court. Thus one can be tried twice for the same alleged crime. If one is convicted at the district court, the defence can make an appeal on procedural grounds to the supreme court. ... Again, new evidence might be introduced by the prosecution.
Double jeopardy - Wikipedia
Wikipedia › wiki › Double_jeopardy

 

[otto]

what with the abc 20/20 case being so rampantly pushed immediately post verdict, complete with its untruths, inaccuracies and blatant lies and with crime scene photos on board, well before the prosecutor released them to other media, it certainly looks like this was the goal, as you say.
But I read the affidavit and went through each complaint and I see no violations.
Most of the comments were made at end of abc viewing. The facebook comments referred were made on either fox8 or abc20/20, but they were based on juror's individual observations and not on the evidence that proved the allegations and the jurors made it clear their verdicts were reached based on evidence.

I dont believe they are in violation but I do believe they were set up, just one in a long line of dirty tricks that have characterised the defence tactics throughout the investigation and trial.

There's that fine line between the minimum requirement and what may be necessary in special cases. I think the Judge could have gone the extra distance in this case to protect the jurors for a short period of time after the verdict by having them escorted safety away from the courthouse, and by warning them that they could be swarmed and manipulated by media.

I wonder if counselling services are offered to jurors, post-trial, to assist them with processing and coping with post-jury service trauma. That's a new option in some countries as it is understood that some jurors suffer a kind of PTSD from exposure to the extreme brutality of criminal violence - something they are otherwise never exposed to.

 

[kittythehare]

This is an important document. Upon reading it one should be able to form an opinion on whether the recent defence submission is spurious, vexatious or whether they have a case.
Heres the link http://benchbook.sog.unc.edu/sites/benchbook.sog.unc.edu/files/pdf/Jury Misconduct - April 2017.pdf
It deals specifically with #JuryMisconductNC
heres some extracts.. please read them.

Discovered After the Verdict.1. General Rule: No Impeachment of the Verdict. As a general rule, oncea verdict is rendered, it may not be impeached—that is, a juror may nottestify nor may evidence be received as to matters occurring duringdeliberations or calling into question the reasons on which the verdict wasbased. See State v. Cherry, 298 N.C. 86, 101 (1979) (jurors’ general knowledge of parole eligibility for first-degree murder was not grounds toset aside verdict). Consistent with the general rule, G.S. 15A-1240(a)provides that when there is an inquiry into a verdict’s validity, no evidencemay be received to show the effect of any statement, conduct, event, orcondition on a juror’s mind or concerning the mental processes by whichthe verdict was determined.

3. Exception to the General Rule: Evidence Rule 606(b). Evidence Rule606(b), which applies in both criminal and civil cases, provides that a juroris competent to testify when the validity of a verdict is challenged, but onlyon the question (1) whether extraneous prejudicial information wasimproperly brought to the jury’s attention, or (2) whether any outsideinfluence was improperly brought to bear upon any juror.

0).General information that jurors learn in their day-to-dayexperiences does not constitute “extraneous information.” Compare Statev. Heatwole, 344 N.C. 1, 12 (1996) (juror’s communication with hisprofessor about violent tendencies of paranoid schizophrenics was not“extraneous information” because it did not involve the defendant or thecase being tried), and Rosier, 322 N.C. at 832 (1988) (see summaryabove), with State v. Lyles, 94 N.C. App. 240, 245 (1989) (testimony byjurors was proper under both Rule 606 and G.S. 15A-1240(c)(1) when ajuror peeled paper from the bottom of an exhibit during deliberations anduncovered information that implied that the defendant had prior criminalinvolvement and directly contradicted the defendant’s alibi witnesses;jurors’ exposure to the information entitled the defendant to a new trial).See also 1 KENNETH S. BROUN, BRANDIS & BROUN ON NORTH CAROLINAEVIDENCE § 148, at 535-39 (7th ed. 2011) (discussing the antiimpeachmentrule).4. Practice Pointers.

Again, its a 17 page document, too long to analyse here fully.. But do read it. The question seems to be whether anything they did, said, or knew affected the verdict.
They repeatedly stated the verdict came from the evidence.

Stmarysmead.. this is the specific rulebook in relation to jury misbehaviour.
I cross referenced it against all the new claims by defence from long document which included their facebook posts https://bloximages.newyork1.vip.tow...-57e3-8011-3974fc96dfc1/5994ce75ec0b6.pdf.pdf - I do not believe they have a case but better legal eyes may interpret it other ways.

 

[stmarysmead]

Oh, we may be talking about two different topics. I think your post is about jury impeachment.

I'm just saying if and when there is a retrial the Prosecution (and Defense) can bring forward new evidence.

 

[otto]

Thanks this is helpful info. Do you know if they were to get a retrial, would they still face the same charges, or if more evidence were to come to light could they be re-charged with first degree murder?

Don't quote me on this, but I think that in a retrial the facts remain the same - including the charge of second degree.

 

[stephanddoody]

http://benchbook.sog.unc.edu/sites/benchbook.sog.unc.edu/files/pdf/Jury Misconduct - April 2017.pdf

https://bloximages.newyork1.vip.tow...-57e3-8011-3974fc96dfc1/5994ce75ec0b6.pdf.pdf

https://www.facebook.com/wxiimallorylane/videos/681493118715960/


This is the case they referenced lets go through this and see if there is basis . I'm not sure they do .http://supreme.justia.com/cases/federal/us/580/15-606/case.pdf

 

[Be true]

I'm trying to find but failing to find where we heard that during custody hearings mm testified that she had been mis diagnosed as bipolar when she was a teenager, resolved she had never taken any medication since.

We now know she has been diagnosed as bipolar.

2 thoughts

Was she caregiver for 2 children with an unstable history but not under any medical treatment for bipolar or on any regulation meds for years? Was she self medicating with the lithium mentioned before. Imo this would be dangerous and would almost certainly go towards explaining circumstances around JC death.

Or did she purger herself on the stand ? During those custody hearings? Which would be another issue but serious too.
Let's not forget lawyers also stated publically she was NOT bipolar.

Heck, was she mixing tradazone with self prescribed lithium? Or other meds? The effects of any of which mixed with alcohol imo would be rage inducing.

I have always believed she was bipolar and unstable but my point here is there may be legal options for the Corbett family here too.

Jmo

Sent from my SM-T561 using Tapatalk

 

[searchinGirl]

"When Nelson got to one photo that showed Corbett’s head, one of the jurors started gagging, and a bailiff came running with a bin into which she appeared to vomit."

https://www.thesun.ie/news/1317698/...-shown-photos-of-damage-to-businessmans-head/

When it it comes to this particular juror, I wonder about this; if she didn't eat breakfast, what did she vomit?

I know, I've been pregnant and one can get nauseated on an empty stomach, but I usually don't vomit on an empty stomach. This struck me as peculiar when I fist heard it. This whole case is peculiar, now even more so with these allegations of juror impropriety. Almost like it was set up this way. JMO

 

[Be true]

http://benchbook.sog.unc.edu/sites/benchbook.sog.unc.edu/files/pdf/Jury Misconduct - April 2017.pdf

https://bloximages.newyork1.vip.tow...-57e3-8011-3974fc96dfc1/5994ce75ec0b6.pdf.pdf

https://www.facebook.com/wxiimallorylane/videos/681493118715960/


This is the case they referenced lets go through this and see if there is basis . I'm not sure they do .http://supreme.justia.com/cases/federal/us/580/15-606/case.pdf

Following the discharge of the jury, two ju-
rors told defense counsel that, during deliberations, Juror H. C. had
expressed anti-Hispanic bias toward petitioner and petitioner’s alibi
witness.

Straight off the bat, jurors as far as we know haven't offered any direct communications with defence lawyers. They seem to be getting their info from interviews and social media. No jurors have yet come out and said they disagreed with verdict or were coehersed.

Sent from my SM-T561 using Tapatalk

 

[kittythehare]

"When Nelson got to one photo that showed Corbett’s head, one of the jurors started gagging, and a bailiff came running with a bin into which she appeared to vomit."

https://www.thesun.ie/news/1317698/...-shown-photos-of-damage-to-businessmans-head/

When it it comes to this particular juror, I wonder about this; if she didn't eat breakfast, what did she vomit?

I know, I've been pregnant and one can get nauseated on an empty stomach, but I usually don't vomit on an empty stomach. This struck me as peculiar when I fist heard it. This whole case is peculiar, now even more so with these allegations of juror impropriety. Almost like it was set up this way. JMO

Your final sentence nails it.
I am feeling this as well.
Almost like it was set up this way.
I'm so tired of them... so tired of their duplicity, dirty tricks and media prostituting..

 

[kittythehare]

I'm trying to find but failing to find where we heard that during custody hearings mm testified that she had been mis diagnosed as bipolar when she was a teenager, resolved she had never taken any medication since.

We now know she has been diagnosed as bipolar.

2 thoughts

Was she caregiver for 2 children with an unstable history but not under any medical treatment for bipolar or on any regulation meds for years? Was she self medicating with the lithium mentioned before. Imo this would be dangerous and would almost certainly go towards explaining circumstances around JC death.

Or did she purger herself on the stand ? During those custody hearings? Which would be another issue but serious too.
Let's not forget lawyers also stated publically she was NOT bipolar.

Heck, was she mixing tradazone with self prescribed lithium? Or other meds? The effects of any of which mixed with alcohol imo would be rage inducing.

I have always believed she was bipolar and unstable but my point here is there may be legal options for the Corbett family here too.

Jmo

Sent from my SM-T561 using Tapatalk

Having being diagnosed as bi-polar and actually being bi-polar are all too often not the same thing.
IMO , MM lovd tablets and all the wonderful things tablets can do.. I believe her to be far more an addict than a person suffering from the highs and lows of bi-polar illness.
Pills and alcohol will swing moods violently, does not mean person is actually bi-polar.
I have never come across lithium being used as a recreational drug, I must research it..
McGinn's book paints picture of a tablet taker's extremes, more than it does a genuine manic depressive..

 

[stmarysmead]

Don't quote me on this, but I think that in a retrial the facts remain the same - including the charge of second degree.

The charge remains the same. But a new judge can let in things the old judge did not or vice versa. I don't believe either side is prohibited from entering nene evidence in a retrial.

http://articles.latimes.com/1991-11-24/news/mn-491_1_murder-trial

In the Broderick trial, a different judge made very different calls.

 

[searchinGirl]

Having being diagnosed as bi-polar and actually being bi-polar are all too often not the same thing.
IMO , MM lovd tablets and all the wonderful things tablets can do.. I believe her to be far more an addict than a person suffering from the highs and lows of bi-polar illness.
Pills and alcohol will swing moods violently, does not mean person is actually bi-polar.
I have never come across lithium being used as a recreational drug, I must research it..
McGinn's book paints picture of a tablet taker's extremes, more than it does a genuine manic depressive..

I'm thinking MM has Borderline Personality Disorder, but what do I know? all the tablets she was taking...I can't believe they made her feel better, or were used for recreation. I don't know how lithium works with the body, but the drugs my bipolar friend uses are all depressants, or sleepy time drugs - that don't put her to sleep.

 

[emmalpage81]

Its from a post from Emma, earlier this morning

but because I have been focusing on implications of recent defence affidavit, I had assumed it was that to which she was referring.
Try look at post I made during night from Judge's handbook on jury improprieties.. Its a 17 page document..
Unless any of the alleged violations affected the verdict and the evidence, its unlikely any action will be taken to change the verdict

No, not me, I said no new evidence in an appeal, not a retrial. I haven't even considered a retrial atm.

IMO

 

[emmalpage81]

"When Nelson got to one photo that showed Corbett’s head, one of the jurors started gagging, and a bailiff came running with a bin into which she appeared to vomit."

https://www.thesun.ie/news/1317698/...-shown-photos-of-damage-to-businessmans-head/

When it it comes to this particular juror, I wonder about this; if she didn't eat breakfast, what did she vomit?

I know, I've been pregnant and one can get nauseated on an empty stomach, but I usually don't vomit on an empty stomach. This struck me as peculiar when I fist heard it. This whole case is peculiar, now even more so with these allegations of juror impropriety. Almost like it was set up this way. JMO

I have vomited before, actually a few times, when I haven't eaten breakfast (I actually don't eat breakfast so any time I have vomited before lunch would fit in this scenario), you are basically vomiting up bile and liquid from your stomach.

Horrible subject, but it does happen.

All IMO