Posted on 04/29/2010 12:07:13 PM PDT by Bigtigermike
Drama Queen reports that they’re unanimous on counts 2,3, and 4. Count 1 seems to be the troublesome count.
Does that tell you anything about how they might have voted on the other counts?
It’s only identity theft under Tennessee law if the access code the perpetrator has is government-issued, is some sort of biometric data, or can be used to spend the victim’s money.
Gaining access to e-mail doesn’t allow you to spend the victim’s money.
Yes...definately...Consecutive vs. concurrent.
I'd like to see the little Demonrat's rot in prison for a couple of years, and then have PRESIDENT PALIN pardon him 20 JAN 2012.
his intentions DO matter, if you buy the logic of hate crimes ;-)
Respectfully disagree....
Although 50 years are allowed for for what he did based on the cited law I believe that that sentence would be excessive and a misapplication of the laws as written....
Jurors are not required to follow the judge's instructions, (which are often borderline criminal themselves). A juror has a right under common law to dispense with the law itself and is not required to rule accordingly.
I agree and it's a "conservative principle" to not follow the judge's instructions or even follow the law itself -- as a "bulwark for freedom" in this country -- when it is necessary for a jury to do so.
I said the following in another post on the Palin e-mail hacking trial ...
Well, in this case, I would convict the guy too...
BUT, aside from this guy, I will say that the jury's job is also to prevent unjust laws from being carried out on citizens, and "Jury Nullifiction" is also within the rights of a jury to carry out.
I know that Judges and DA's and other authorities don't like this -- but this is a good conservative protection for this country and its people...
Fully Informed Jury Association
As I said, I'm not talking about this guy, but I'm talking about the duty of the jury in cases where there are unjust laws and "Jury Nullification" comes into play. That's a duty of the jury, too.
I’ve learned from experience you can never predict how a jury will rule until their verdict is read.
David Lee Miller from FNC just reported they are stuck on count one identify theft and that some of the jurors don’t want to follow the judge’s instruction on this count.
Depending the outcome for the defendant if its against him and jury went against the judge’s instruction that’s instant grounds for an appeal.
Very true FRiend, but if this kid was a Republican, you and I both know he'd be crucified.....hence my "throw the book at 'em".....and then a Presidental pardon by non other than Pres. Sarah Palin :)
He didn’t admit under testimony so it can’t be considered unless he admitted to a LE officer and a LE officer was put up on the stand and quoted him from his report.
Politics over justice once again.
Not necessarily. Following a judge's instructions is not always a "conservative principle" ...
See Post #66 ...
Automatic appeal excuse. Sounds like something a whiney lib would say.
Jurors often don't know that they are not bound by the instructions.
Indeed! ... were it that more conservatives knew this ... :-)
See Post #66 ...
I agree with your assessment......he is guilty so far....they might as well go for the last one.
Great post at #66. Don’t forget, our founding fathers also gave us the Presidental Pardon for the same reason: to rectify political injustices.
I think the IDTheft charge was a stretch since he didn’t defraud her of money or property.
If they are deadlocked on that, there must be at least one guilty verdict.
How would you know?
I think they will get him on everything except the ID theft.
Guys - that's dangerous territory.
All jury instructions are based on the law. If they are not, they get overturned. The trial courts and the appeals courts have a big book of "standard jury charges" but they are all based on the law. Lawyers may (and usually do) request additional charges particularly applicable to the case, which they write themselves -- but again they have to cite the law.
Nope, not dangerous territory ... it's the "bulwark of freedom" for this country -- the citizens on a jury making sure that no government, government official or unjust law or crooked judge or crooked system can railroad citizens into imprisonment.
See Post #66 ...
nope, he is going down. the identify theft one is the hardest to prove. The computer hacking charge is a slam-dunk.
I would accept that.......if he’s guilty of all others, who cares about the identity theft charge.
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