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

[gregjrichards]

Oops sorry here it is:

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


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Thank you so much!

 

[minor4th]

How does she do that after the fact? She said the verdict was in order, never mind that malice and criminal negligence are contradictory findings.

When she actually pronounces the sentence she will toss the conflicting charges. I think he could be sentenced for malice murder and CC1/felony murder would merge into it. I do not think he can be sentenced for malice murder and CC2/felony murder because his actions can't be both deliberate and negligent at the same time.

I don't THINK the conflicting convictions is necessarily grounds for new trial but I am unsure. I will look up some caselaw - I do remember coming across this issue when I was reading the cases in the past.

 

[monkeypants]

Baby killers aren't very popular in jail.....

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[yupikgirl]

11alive has a live shot of where the press conference will be:

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


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[RANCH]

And you were right. I thought it was going to be a hung jury. Why did you think it was going to be guilty on all charges?

Because the State got the unrelated sex charges in with the murder. I believe they did that so the jury would be angry at RH when they deliberated. It worked. JMO

 

[Inthedetails]

Trial attorneys don't do appeals. He'll have a court appointed appellate attorney after sentencing is completed.

Didn't the defense team say today in court they were handling the appeal? Does that just mean they will file the paperwork?

 

[SuperTmo]

I missed the verdict! But YES!

 

[minor4th]

Trial attorneys don't do appeals. He'll have a court appointed appellate attorney after sentencing is completed.

Kilgore does appeals.

 

[MsJosie]

Vinni is talking with two lawyers...they said they are linking to the press conference. Here is the link

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

 

[MsMarple]

Possibly LH could write an impact statement and then have someone else read it....I think that was done in one of the other trials. It will be interesting though for sure.

Leanna had submitted one Victim Impact Statement back in 2014 so I guess she would write a new one for the sentencing. I wonder how she feels about the verdict and if she will attend or like you say, have someone read it for her.

http://i2.cdn.turner.com/cnn/2014/images/08/08/cvis.pdf

 

[Hope4More]

Could it be malice when he shut the car door and neglect when he didn't go back to save Cooper?

IDK.

Not going back would be malice too, or maybe, a stretch, 1st degree CC, but I don't see how malice and 2nd degree criminal neglect can be made compatible.

 

[Inthedetails]

Could it be malice when he shut the car door and neglect when he didn't go back to save Cooper?

IDK.

Or....neglect when he shut the door and malice when he didn't go back to save him.

I don't think the charges are necessarily contradictory, given that the death took a long time. There could be different states of mind, given the long time frame.

For example, whether it was malice or not, I've always though Ross knew at lunchtime Cooper was in the car.

jmo

 

[minor4th]

Because the State got the unrelated sex charges in with the murder. I believe they did that so the jury would be angry at RH when they deliberated. It worked. JMO

It did work. And this is going to be a big issue on appeal.

 

[Hope4More]

Kilgore does appeals.

Seriously? How unusual. But then again, so much about the legal system in Georgia seems to be.

 

[Hope4More]

Deleted because I was WRONG about Kilgore not doing appeals.

 

[minor4th]

Seriously? How unusual. But then again, so much about the legal system in Georgia seems to be.

Yeah, that is a major part of his practice, apparently. Maybe the primary part.

 

[arkansasmimi]

Trial attorneys don't do appeals. He'll have a court appointed appellate attorney after sentencing is completed.

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

 

[BetteDavisEyes]

Nov 14 2016, 3:51 pm ET

Georgia Dad Justin Ross Harris Convicted of Murder in Toddler Son's Hot Car Death

by Alex Johnson

A Georgia jury convicted Justin Ross Harris of murder and other felonies Monday in the death of his 22-month-old son, who was left inside a hot SUV for hours.

Harris, 35, faces life in prison when he is sentenced Dec. 5 on the eight counts of malice murder, felony murder, cruelty to children and dissemination of harmful materials to a minor.

Cooper Harris died June 18, 2014, after having remained in his father's vehicle for seven hours outside the Home Depot office where Harris worked in the Atlanta suburbs...

http://www.nbcnews.com/storyline/ho...harris-convicted-murder-toddler-son-s-n683711

 

[Maisiebelle]

I honestly don't believe JRH killed Cooper on purpose but I totally respect the jury's decision.

 

[MsMarple]

HLN reporter is suggesting no family attended the trial possibly because of financial difficulties. I dunno, aside from Leanna (I understand her absence) it seems like someone - a parent, cousin, uncle or even one of his friends - would have shown up at least once. So weird.