The Sidebar - Harris Trial #3 *VERDICT - GUILTY*

[Hope4More]

Oh Ga must be different. I know in some case I have followed they have. One I followed in my state he is the appellate attorney (court appointed and they carried it over to the appeals too). Thanks. Sure got different feel from the Def attorneys. Thanks

JMHO, I fully believe that Kilgore, Rodriguez and Lumpkin will follow this thru
Criminal Appeals http://www.kilgorerodriguez.com/appeals.html
At Kilgore & Rodriguez, we have a track record of winning on appeal. As a former law assistant on the Georgia Supreme Court, Maddox understands what the appellate courts are looking for and how to best present a compelling appeal. As a former Assistant Attorney General, Maddox honed his skills in legal research, writing legal briefs, and arguing appeals before the Georgia Supreme Court and the Court of Appeals for the Eleventh Circuit. That experience has resulted in winning appeals:

Chavez-Ortega v. State, 331 Ga. App. 500 (2015)
Tindell v. State, 314 Ga. App. 91 (2012)
Hedden et. al. v. State, 288 Ga. 871 (2011)
Fedak v. State, 304 Ga. App. 580 (2010)
Nelson v. State, 302 Ga. App. 583 (2010)
State v. Goode, 298 Ga. App. 749 (2009)
Robinson v. State, 286 Ga. 42 (2009)
Boivin v. State, 289 Ga. App. 411 (2009)
Dunagan v. State, 283 Ga. 501 (2008)
Jones v. State, 294 Ga. App. 169 (2008).

Lumpkin http://www.lumpkinlaw.com/attorneys.html
Even before finishing law school, I gained valuable experience working in both a private defense attorney's office, as well as volunteering in a prosecutor's office. After graduating from the University of Georgia School of Law, I have practiced exclusively in criminal law for the last 20 years. For over a decade, I was a felony prosecutor in Cobb County and in Coastal Georgia. During that time, I worked for four years as a major case prosecutor working on cases involving complex legal, factual, procedural and jurisdictional issues, high-profile crimes, including death penalty cases and the "murder by antifreeze poisoning" case aired nationally on Court TV

Yay, Kilgore's appellate cases! Thanks for the reading list.

 

[bellesnwhistles]

Ugh HLN cut off PC

 

[yupikgirl]

Almost unanimous early on - according to boring.


Boring says jurors felt evidence as a whole pointed to guilt- can't explain away it all.

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[minor4th]

So, yeah, if the verdicts are actually mutually exclusive, then that would be grounds for reversal and new trial:

See,

Jackson v. State, 577 SE 2d 570 - Ga: Supreme Court 2003

The jury convicted Jackson of killing the victim with criminal intent and with criminal negligence, that is, of killing both with and without an intention to do so. "Obviously, the two verdicts were mutually exclusive." Dumas v. State, supra, 266 Ga. at 800(2), 471 S.E.2d 508.[5]

"[W]here there are mutually exclusive convictions, it is insufficient for an appellate court merely to set aside the lesser verdict, because to do so is to speculate about what the jury might have done if properly instructed, and to usurp the functions of both the jury and trial court." (Footnote omitted.) Id. Thus, where, as here, it was both legally and logically impossible to convict Jackson of both felony murder and involuntary manslaughter, we must reverse both mutually exclusive convictions and order a new trial.

 

[ScotAng]

It seems that a lot of guilty defendants don't react when the verdict is announced. I wonder if you go into some sort of shock when you hear the word Guilty...

He was all smiles and shaking hands pre-verdict, you don't often see that.

Most likely no reaction because they know they're guilty and expect the verdict.

 

[blue22]

I wonder if he showed little emotion because plans for an appeal are already in place. He has some hope within him for something to be overturned.

What's the thoughts here about the case for appeal?

I think the charges related to minors being included in this trial will be a big contention.

I am in a different state, but new trials are not often granted here. I think it's always an uphill trudge.

 

[yupikgirl]

Chuck on how hard it's been as a father....personally has affected all of them. Boring missed his child's one year old birthday last week.

Jury didn't speak about Leanna.




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[monkeypants]

He looks like a thumb w/hair. Well, he'll get a lot of action in prison, i don't think he'll mind though, since it was on his menu.

OMG funniest thing I've ever read. Baaaaaaa haaaaaaaaaa

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[JerseyGirl]

Is the State of Georgia going to pay his appellate legal fees, too?? Didn't they just pay over $200k for this trial?


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[cbeagle]

I don't see why there is any conflict in the guilty charges: He was negligent in his care for Cooper and he did it intentionally.

 

[Inthedetails]

So, yeah, if the verdicts are actually mutually exclusive, then that would be grounds for reversal and new trial:

See,

Jackson v. State, 577 SE 2d 570 - Ga: Supreme Court 2003

Wow. There is an opening for appeal.

I think the State could make a case that both charges fit, considering the length of time it took for Cooper to die. It was not an instantaneous death, and Ross had the power and responsibility to remember his child during the day, in time to save him.

jmo

 

[yupikgirl]

Bag of light bulbs in the same hand as he used to open the door- boring saying the jurors noticed that. Said it's interesting what others notice.

Jury said the entirety of the evidence was what convinced them.


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[Inthedetails]

Almost unanimous early on - according to boring.


Boring says jurors felt evidence as a whole pointed to guilt- can't explain away it all.

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Which is what Gitana has been saying, right here on WS. The list of things to "explain away" was simply too long to be believable. She called it.

jmo

 

[popsicle]

So jurors commented about which hand he carried the light bulbs in, which hand he opened the car door with and which hand he used to throw the bulbs with.... this jury did their work!

 

[yupikgirl]

Boring on the search warrants- matter of semantics. Statements were accurate in search warrants. Not the "phrase" defense maybe wanted us to use.

Leave Leanna and if she will be charged to Cobb county- when asked if the door is closed on her.


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[Inthedetails]

Bag of light bulbs in the same hand as he used to open the door- boring saying the jurors noticed that. Said it's interesting what others notice.

Jury said the entirety of the evidence was what convinced them.


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Did our collective eagle eyes miss that detail? I don't recall discussing how he held the lightbulbs in the same hand. Hmmm....

Where's that video?

jmo

 

[yupikgirl]

I'm sure someone will transcribe the press conference- it's very informative IMO. I
Can't type fast enough LOL.


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[Spellbound]

http://interactive.tegna-media.com/...85001827000&platform=mobile&autoplay=autoplay

press conference is happening now

 

[Kadoober]

He looks like a thumb w/hair.

HOW.
How did you just come up with the weirdest comparison ever and have it be so spot on?
Literal LOL.

 

[yupikgirl]

Did our collective eagle eyes miss that detail? I don't recall discussing how he held the lightbulbs in the same hand. Hmmm....

Where's that video?

jmo

Hope I heard it right- but we can all look again !


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