Recent content by outofstatelawyer

Hi Kidz! Just jumping back in here from a long recess. I said during the trial that I thought Judge Sherry Stephens was just awful. I took some guff for that, but I'll say it again. This woman needs to be off the bench, and some judge who can control the courtroom needs to be on in her...

Judges do not do this because, God forbid, the case could be reversed on appeal and sent back to the trial court for a new trial. Sometimes, either when all appeals are exhausted (as if) or the Judge retires, they will comment. But, that's not the usual case.

Looks like they are just getting ready for the 11 AM News. I'm sure the reporter will be mortified when she finds out her story about the party she attended was broadcast live, LOL.

Just my impression, but I'm guessing they were supporting MD most of his life. I wonder what kind of work ethic he had at the family business? I wonder how many times his parents had to bail him out of financial messes with ex-wives, child support, generally stupid spending, etc. MD reminds...

When police officers discharge their weapons, they are required to file a report, and there is an investigation. I think CHL holders should also have to file a report, within two hours of the discharge of the weapon. I'm sure that would never fly in Florida, but there is no reason for Joe Blow...

I think they will retry.

The hotel they are staying in must be very comfortable.

That's what it appears to say. We tell jurors what they "can't" do (outside research, etc), but specifically telling them to go around and state the weakness of their own positions seems to me to create fodder for those on the other side. And the part about "no interrupting"? Ha! What if one...

Yes, and I openly stated I was mistaken. Upthread. Fact.

Yes, I stand corrected. You are correct. He read the Allen charge verbatim. I still think it's very wrong to tell jurors how to deliberate. I don't have the availability to research this, but I wonder if this has been challenged by people who have been convicted.

No, the Judge's job is to tell them to get back in and deliberate, that they know the facts better than anyone, that much time and expense has gone into this trial, and they need to continue to deliberate and get to a verdict. Telling them to go around the room, state your weakest point, etc...

I am not a Florida lawyer, but I have a problem with a judge telling jurors so specifically how to deliberate. No one is supposed to tell a jury that. This judge seems a bit odd to me.

I think the State of Florida needs some better prosecutors.

Juries will frequently come back quickly after the Allen charge, with either a verdict or a statement that they are irreversibly hung.

Oh my.