Jason Young to get new trial #4

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  • #541
Found this:

http://courts.uslegal.com/jury-syst...ts-duties/questioning-of-witnesses-by-jurors/

The states that expressly encourage judges to allow jurors to question witnesses are Arizona, Arkansas, Florida, Indiana, Iowa, Kentucky, Nevada and North Carolina. Out of these jurisdictions, Arizona, Florida, and Kentucky require that judges allow jurors to ask written questions. The respective highest state courts of Indiana and Kentucky have ruled jurors have a right to ask questions of witnesses.

Here is more:

https://www.sconet.state.oh.us/PIO/summaries/2003/0611/020201.asp
 
  • #542
  • #543
Found this:

http://courts.uslegal.com/jury-syst...ts-duties/questioning-of-witnesses-by-jurors/

The states that expressly encourage judges to allow jurors to question witnesses are Arizona, Arkansas, Florida, Indiana, Iowa, Kentucky, Nevada and North Carolina. Out of these jurisdictions, Arizona, Florida, and Kentucky require that judges allow jurors to ask written questions. The respective highest state courts of Indiana and Kentucky have ruled jurors have a right to ask questions of witnesses.

Here is more:

https://www.sconet.state.oh.us/PIO/summaries/2003/0611/020201.asp

I read the document you provided and was shocked to see NC on the list. Not sure what year that was written in as I have followed numerous trials here in NC in my memory(which is not perfect) never was a question asked by jurors. I was shocked when I watched the Jodi Arias case when jurors were able to ask questions. Anyway like I said I do not have a perfect memory so if you find the link where juror questions were submitted I would love to see it.
 
  • #544
Here is where one juror asked a question:

http://www.wral.com/specialreports/michelleyoung/video/9724155/

at about 55:15

There are more, but I am not going to go back and find them:)

Seems like that jury was paying attention.

Wow that was a shocker to me!!!! So that was a juror who just blurted out a question. I sure did not remember that. Now I need to try to find more if you do please post. This was quite odd as in the other cases I have watched in states that allow juror questions, they submit them in writing and the judge and attorneys review them to see if they are admissible.
 
  • #545
Here is where one juror asked a question:

http://www.wral.com/specialreports/michelleyoung/video/9724155/

at about 55:15

There are more, but I am not going to go back and find them:)

Seems like that jury was paying attention.

One more thing I do not really think this one counts as a juror question. She asked the witness to repeat something. Jurors are always everywhere instructed to let the judge know if they can not hear. Really this link does not constitute a juror question. Think about it jurors could not be allowed to just shout out questions as a witness testifies. In the states where I followed trials and jurors were permited to ask questios, it comes after their testimony is complete and as I said they submit them in writing and judge and attorneys review them to see if they will be asked. Then the judge asks the witness the questions. So your link does not really count as a juror question in this case.
 
  • #546
Added: Or, an arrest could have been made possibly, if the NTO had come back with any signs suggesting JY had attacked Michelle. MF testified MY was a scratcher, that she had long nails. We know she somehow ended up with her own hair in her hand, and we know there were prints on her neck, that also turned out to be hers. Which means she was trying to pull someone else's hands off her neck, and that person should have had marks from her fingernails on them, somewhere, their arms, their hands, or, especially their face. Michelle fought back.

Not if the killer had on gloves.
 
  • #547
Lot of people do things that you don't do or you might think are strange.

Why would the tv and the treadmill be on if she wasn't using them? I can see forgetting about the TM, but not the TV

IMO, CY turned them on all those hours she was left alone with her mother's dead body. The TM wasn't running just turned on. IF MY was on the TM when she was attacked then it would be running. IMO, I find this absurd as there was no signs of struggle or blood on the TM. The attack was in the MBR only.
 
  • #548
Found this:

http://courts.uslegal.com/jury-syst...ts-duties/questioning-of-witnesses-by-jurors/

The states that expressly encourage judges to allow jurors to question witnesses are Arizona, Arkansas, Florida, Indiana, Iowa, Kentucky, Nevada and North Carolina. Out of these jurisdictions, Arizona, Florida, and Kentucky require that judges allow jurors to ask written questions. The respective highest state courts of Indiana and Kentucky have ruled jurors have a right to ask questions of witnesses.

Here is more:

https://www.sconet.state.oh.us/PIO/summaries/2003/0611/020201.asp

https://www.sconet.state.oh.us/PIO/summaries/2003/0611/020201.asp If you read the next to the last paragraph in this link you provided, it specifically states questions will be submitted in writting. This has not happened in any NC trials that I have followed.
 
  • #549
One more thing I do not really think this one counts as a juror question. She asked the witness to repeat something. Jurors are always everywhere instructed to let the judge know if they can not hear. Really this link does not constitute a juror question. Think about it jurors could not be allowed to just shout out questions as a witness testifies. In the states where I followed trials and jurors were permited to ask questios, it comes after their testimony is complete and as I said they submit them in writing and judge and attorneys review them to see if they will be asked. Then the judge asks the witness the questions. So your link does not really count as a juror question in this case.

Like I said, I saw it happen more than one time in the first trial only. Feel free to review the videos.
 
  • #550
IMO, CY turned them on all those hours she was left alone with her mother's dead body. The TM wasn't running just turned on. IF MY was on the TM when she was attacked then it would be running. IMO, I find this absurd as there was no signs of struggle or blood on the TM. The attack was in the MBR only.

I didn't say she was attacked while on the TM, I said she may have heard something. Why else would the TM and the tv be on?
 
  • #551
  • #552
Like I said, I saw it happen more than one time in the first trial only. Feel free to review the videos.

I will be reviewing some testimony of interest to me but if what you saw in other instances was the same as what you linked in your post that is not a juror question.. I have followed the cases here in NC of Raven A., Brad C, Grant H, Amanda H.,. I even sat in several days in the courtroom for BC and JY. There was never a true juror question submitted. Again in the states where I have followed trials after each witness the judge asks if their are any juror questions, they are then submitted in writing reviewed by judge and attorneys and if admissible the judge reads the questions to the witness then the DT and state get to cross examine the witness again based on jurors questions. This went on for days in the Jodi Arias case. This never happened in any of the NC trials I followed never.
 
  • #553
That is for Ohio and obviously you have missed it because it happened in the first JY trial.
yes that happened in Ohio but the rule of submitting in writing etc. happens in a prescribed manner when juror questions are allowed.It did not happen in any of these NC cases and you have not submitted a valid link of a true juror question.
 
  • #554
That is for Ohio and obviously you have missed it because it happened in the first JY trial.

I am confused as to why you provided me the link for Ohio and then discounted it????
 
  • #555
In all of this, the prosecutors need to produce some evidence that Jason Young was there that night. A camera recording him buying gasoline between Hillsville and Raleigh. Any of the clothes he was seen wearing that night with blood on them. The Hushpuppies and/or Franklins with blood on them. Something that would rise beyond the level of conjecture or suspicion.

I do not know whether Jason is guilty or not. I was not there to witness that crime. I will not flat out say that he is innocent. But at this point, there is no direct or even indirect evidence that will put Jason in that house that night or anywhere near Raleigh.

That is my stumbling block right now.

Glenn

It's hard to produce clothes,shoes,murder weapon when it has been disposed of. No link to him being there? What is your opinion on the HP print found at the crime scene that matched a pair of shoes JY onced owned and was believed to be wearing said shoes that night?
 
  • #556
I am confused as to why you provided me the link for Ohio and then discounted it????

Um, because it references the fact that NC allows juror questions and someone said I was lying about it.
 
  • #557
I will be reviewing some testimony of interest to me but if what you saw in other instances was the same as what you linked in your post that is not a juror question.. I have followed the cases here in NC of Raven A., Brad C, Grant H, Amanda H.,. I even sat in several days in the courtroom for BC and JY. There was never a true juror question submitted. Again in the states where I have followed trials after each witness the judge asks if their are any juror questions, they are then submitted in writing reviewed by judge and attorneys and if admissible the judge reads the questions to the witness then the DT and state get to cross examine the witness again based on jurors questions. This went on for days in the Jodi Arias case. This never happened in any of the NC trials I followed never.

Hmmmm....I wonder if those judges in NC told the jurors they could ask questions. Is that reversible error?
 
  • #558
It was said on here that JY probably used tape on the hotel door to keep it from shutting... The person said they did an experiment at work with scotch tape & the door did not close..
JY is a regular ole MacGyver.. Scotch tape, extra shoes when it was to be a strangulation ... Guess he forgot to read the section on not turning the lights on in your house when murdering your wife when he read the How to Murder Your Wife book.....

Seriously though why would he turn the lights on in his own home.. He should know his way around in the dark..... Heck I never turn any lights on when I get up at 3:30 in the morning.....

Yes I did that. I was giving an example of how he could have closed the door without anyone noticing it. I never said he ACTUALLY used it. It was IMO. And, IMO, he turned the lights on when he had to tend to CY/clean up.

As far as JY being "regular ole macgyver" he did grow up in the mountains lol.
 
  • #559
Hmmmm....I wonder if those judges in NC told the jurors they could ask questions. Is that reversible error?

We really need some legal help with this one. Heaven help us if we have to do Grant and Amanda Hayes again!!!!!
 
  • #560
Hmmmm....I wonder if those judges in NC told the jurors they could ask questions. Is that reversible error?

"only two states, Texas and Minnesota, currently hold that juror questioning is judicial error sufficient in and of itself to overturn a trial court decision".

Well I read back over the second link (Ohio) that you posted. It did as you said mention that NC allows juror questions. As I said in all my following of various NC cases no juror questions. My quote above was taken from the Ohio document you posted. So it looks like only Texas and Minnesota can use this as judicial error. Please do not think I am arguing with you, I just find this topic interesting and would like to know more about the legality of why in all my NC trial following I have never seen juror questions. Also thanks again for your links.
 
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