GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 - #8 *arrests*

[vislaw]

Let's assume they convict SG and are hung on KM. SG would have strong motivation to cut a deal to reduce his sentence in exchange for giving the evidence they need to convict KM on a retrial. That would be poetic justice, eh? ...

 

[Marvin Berry]

Are they hung on all three counts for the one defendant or just one charge?

They reached a verdict as to all counts for first defendant. Hung on all counts with respect to second defendant. Judge will send them back on second defendant with Allen charge.

 

[clearskies1]

Thoughts are with the Markel family.

 

[vislaw]

SG GUILTY

 

[AC's Grandma]

Thinking about the Markels at this time. Please let the jury have gotten it right so far.
Verdict is in!

 

[mojook]

What's an Allen Charge? Sorry must have missed the explanation

 

[Gardenista]

Some Justice for Dan!!!!!

 

[TTF14]

Shut up, KM! It doesn't mean you're innocent!

 

[Gypsy Road]

Ugh!!!! So pissed!!!

How can they not understand that without KM THIS WOULD NOT HAVE HAPPENED!!

 

[dixiegirl1035]

I don't like them being polled on the charges for one of the defendants without the other one being announced.

 

[AC's Grandma]

Garcia guilty of 1st degree murder!

 

[vislaw]

What's an Allen Charge? Sorry must have missed the explanation

Also called the "dynamite" charge, it is an instruction telling the jury that reasonable people should be able to reach a verdict so get back in there and deliberate!.

 

[Weki]

Well no surprise on SG - I guess now he'll go to penalty phase.

 

[oviedo]

He is going to take the verdict on one and give Allen charge on the other.

Allen Charge: Everything You Need to Know
What Is an Allen Charge?
A term used, usually in the federal court context, to describe the instructions given to a jury when, after deliberation, it is unable to decide on a verdict.

Example of an Allen Charge
An example of a modified Allen Charge follows:

Members of the Jury:

I'm going to ask that you continue your deliberations in an effort to reach agreement upon a verdict.... snipped

This is an important case. The trial has been expensive in time, effort, money and emotional strain to both the defense and the prosecution. If you should fail to agree upon a verdict, the case will be left open and may have to be tried again. Obviously, another trial would only serve to increase the cost to both sides, and there is no reason to believe that the case can be tried again by either side any better or more exhaustively than it has been tried before you.

snipped

If a substantial majority of your number are in favor of a conviction, those of you who disagree should reconsider whether your doubt is a reasonable one since it appears to make no effective impression upon the minds of the others. On the other hand, if a majority or even a lesser number of you are in favor of an acquittal, the rest of you should ask yourselves again, and most thoughtfully, whether you should accept the weight and sufficiency of evidence which fails to convince your fellow jurors beyond a reasonable doubt.

Remember at all times that no juror is expected to give up an honest belief....

snipped for 10%

 

[Wishbone]

How can they find him guilty of conspiracy and yet be hung on KM for that charge?

 

[Marvin Berry]

What's an Allen Charge? Sorry must have missed the explanation

Instructions that they need to go back and really think about it.

 

[TTF14]

Ugh!!!! So pissed!!!

How can they not understand that without KM THIS WOULD NOT HAVE HAPPENED!!

It is inexplicable!

 

[Gypsy Road]

Will KM Go back to jail!?

 

[lisette]

Garcia guilty of all counts except conspiracy. 1st degree murder!

He said Not Guilty on one count...What was that?

 

[Gypsy Road]

I am so sure of KMs guilt that I really considered they were hung up on SG if he was the actual shooter. Damn