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To: AnAmericanMother

BTW, what would you have to say about a judge who ordered a criminal defendant out of the courtroom under threat of arrest and never gave that criminal defendant the opportunity to present a defense or call witnesses.

The defendant wasn’t disruptive and did nothing to prevent the conduct of the trial. In this particular case, the defendant simply went home, all while being very reachable at any time on his cell phone which the court knew.

A week or so later, the defendant got a notice in the mail that he was convicted in a jury trial on the matter.

This is a true story based on personal knowledge.

What would you say about a situation like this? No need to suggest that there is something more the defendant did, because that was it.


150 posted on 04/29/2010 5:12:40 PM PDT by SeaHawkFan
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To: SeaHawkFan
In fact, that's exactly what happened in Dougherty. The trial court improperly excluded the defendants from the courtroom on the basis that they might be disruptive, without any evidence to speak of (nothing compelling).

The case was reversed on THAT basis - not jury nullification.

There has to be overwhelming evidence of actual disruption before the defendant will even be shackled, let alone excluded from the courtroom.

There is, however, a downside risk. We had a judge, his court reporter, and a deputy shot and killed by a criminal defendant who escaped his escort, beat her severely, stole her gun, and ran amuck in the courtroom. But that was mostly due to the sorry state of security in Fulton County.

153 posted on 04/29/2010 5:39:02 PM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment)T)
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