SC - Paul Murdaugh & mom Margaret Found Shot To Death - Alex Murdaugh Accused - Islandton *Guilty* #44
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Seattle1
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South Carolina’s supreme court justices filed an order on Tuesday (August 13, 2024) agreeing to certify the appeal of Alex Murdaugh’s murder convictions – meaning they will take up the controversial decision reached back in January to deny Murdaugh a new trial on the basis of alleged jury tampering.
Supreme Court Agrees To Hear Alex Murdaugh's Jury Tampering Case - FITSNews
Convicted killer's appeal on hold while high court reviews controversial decision not to grant him a new trial...www.fitsnews.com
The ruling from the high court came a little over a month after a motion to certify Murdaugh’s appeal was filed by his attorneys – Dick Harpootlian, Jim Griffin, Phillip Barber and Maggie Fox. That motion (.pdf) asked the justices to revisit former S.C. chief justice Jean Toal’s decision from January denying Murdaugh a new trial – even though he appeared to have met the high bar she established in his case (and even though federal law appears to be on Murdaugh’s side).
According to Murdaugh’s attorneys, Toal erred in denying his motion for a new trial – effectively “ruling that South Carolina courts should disregard (the) binding precedent of the U.S. supreme court.”
...
According to the motion filed by Murdaugh’s counsel, the state supreme court must decide “whether the verdict returned after Mr. Murdaugh’s internationally televised murder trial should be overturned due to unprecedented jury tampering by a state official, the former Colleton County clerk of court.”
The legal principle of major importance the defense is asking the court to consider?
“Whether it is presumptively prejudicial for a state official to secretly advocate for a guilty verdict through ex parte contacts with jurors during trial, or whether a defendant, having proven the contacts occurred, must also somehow prove the verdict would have been different at a hypothetical trial in which the surreptitious advocacy did not occur,” Murdaugh’s lawyers argued.
In other words, was the tampering itself enough to warrant a new trial? Or did Murdaugh’s lawyers also need to prove it impacted the outcome of the proceedings?
...
What a mess and unnecessary expense to the taxpayers!
Seattle1
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Bombshell ruling in Alex Murdaugh murder case
The South Carolina lawyer received two life sentences last year for gunning down Maggie Murdaugh and their son Paul, 22, at their sprawling 1,800 acre hunting estate in June 2021.
arielilane
Justice for Liz Barraza
Not surprising news but unfortunate news. moo
arielilane
Justice for Liz Barraza
@BrianEntin
The South Carolina Supreme Court will take on Alex Murdaugh's appeal based on jury tampering allegations.The appeal alleges Clerk of Court Becky Hill tampered with jurors.If the SC Supreme Court sides with Murdaugh, he could get a new trial.
10:43 AM · Aug 14, 2024
The South Carolina Supreme Court will take on Alex Murdaugh's appeal based on jury tampering allegations.The appeal alleges Clerk of Court Becky Hill tampered with jurors.If the SC Supreme Court sides with Murdaugh, he could get a new trial.
10:43 AM · Aug 14, 2024
Cindizzi
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South Carolina Supreme Court agrees to review ruling denying Alex Murdaugh new murder trial
While no date has been set, the highest court in the Palmetto State will hear, and could reverse, a decision denying a second Murdaugh murder trial.
www.greenvilleonline.com
Seattle1
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I'm recalling a law in SC where certain cases of public interest get to cut ahead of the line and be heard quickly in the Appellate Court and wonder if same applies with the Supreme Court. I don't recall when AM's defense petitioned the Supreme Court to review Judge Toal's January 2024 decision. Nonetheless, to begin considering the case for retrial before the end of the year seems somewhat expedited to me. MOO
From quoted DM upthread:
Judge Toal ruled in January that a separate precedent in the South Carolina case of State v. Green meant that Murdaugh's team had to prove the unauthorized communication led to his jury changing their verdict.
But the state's Supreme Court rejected Toal's interpretation on Tuesday and could begin considering Murdaugh's case for a retrial before the end of the year.
From quoted DM upthread:
Judge Toal ruled in January that a separate precedent in the South Carolina case of State v. Green meant that Murdaugh's team had to prove the unauthorized communication led to his jury changing their verdict.
But the state's Supreme Court rejected Toal's interpretation on Tuesday and could begin considering Murdaugh's case for a retrial before the end of the year.
LetsSolvIt
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All my angry faces are at the situation, BH, AM and his team, money that will be wasted, etc — not my fellow WS posters.
Cindizzi
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Could Alex Murdaugh get new trial for South Carolina murders of wife and son?
Attorneys say though it's possible he'll be granted a new trial, it's unlikely Alex Murdaugh will be released from prison any time soon
www.usatoday.com
[…]
In July, Murdaugh's attorneys filed a motion asking the state Supreme Court to review the case before the appeals court hears it. This can happen if a case meets certain legal standards, such as "significant public interest or a legal principle of major importance." Murdaugh's attorneys argued his case fits both criteria.
Murdaugh's motion demands that the court review Toal's ruling, calling Hill, a "wart" on the South Carolina legal system. The motion describes Hill as an "elected state official in charge of managing juries engaging in deliberate jury tampering in a murder trial to secure a guilty verdict so she can make money selling books about it."
[…]
Murdaugh is also appealing his federal sentencing, arguing the punishment is "grossly disproportionate to the crimes committed." In that appeal, Murdaugh's attorneys claim that Judge Richard Gergel and federal prosecutors sought such a lengthy sentence to provide a backstop and ensure that, regardless of any successful state appeals or alternative verdicts during potential state retrials, Murdaugh would spend the rest of his life behind bars.
[…]
Seattle1
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OK, now we know the Motion wasn't filed with the Supreme Court until July, and the defense did call on the SC law I recalled (to expedite a decision to hear the case and fast track a ruling). Just more fuel for the entitlement AM believes was his since birth! MOO
Breaking News kids.(smile)
Peter@ The "Lawyer You know" is now an approved source at WS.
Peter did this video today on the juror issues/problems in both trials.
Peter@ The "Lawyer You know" is now an approved source at WS.
Peter did this video today on the juror issues/problems in both trials.
'LIVE! Major News On Ashley Benefield And Murdaugh - Will Juror Misconduct Overturn..."
Have any of you ever seen/heard of a juror who during deliberations complained to the judge that they were being pressured?
Seattle1
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Not during deliberations. In my experience, this typically comes after the jurors are dismissed and there's public outcry on the verdict, and one or more jurors come forward to lament they felt pressured by others on the panel.
On the other hand, I just experienced the Karen Read Trial in MA and here there were jurors complaining about each other to the Judge-- long before deliberations. At least one complaint led to the dismissal of a juror during the trial. MOO
Thank you.
Were the issues that jurors were having with each other ever made public?
Seattle1
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No, the jurors were called in individually at sidebar to talk with the Judge. Cameras in place for the trial in progress were also removed from the Courtroom-- causing a huge panic with trial watchers that Court was dark and many feared there had been a change to the decorum Order and cameras were out. This was because the Courtroom was closed and nobody knew that the jurors were being called inside to talk to the Judge. However, the Court did dismiss the juror in public view and thanked her/him for their service.
ETA: When one juror was removed, there was speculation only that she'd made comments that she hated the way the defendant laughed but there's no factual evidence why the juror was removed.