Posted on 04/10/2005 6:13:51 AM PDT by bakatare
News Break 04/10/2005 05:19:43 EST Court Overturns 1995 Murder Conviction
SAN FRANCISCO - A federal appeals court has tossed out a 1995 murder conviction and ordered a new trial for a man convicted of killing his estranged wife's fiance. The court said buttons the victim's family wore at the trial may have influenced jurors. Mathew Musladin, who is serving a life sentence, maintained that he acted in self-defense when he shot Tom Studer in 1994.
In ordering a new trial for Musladin, a three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday said the buttons, which showed Studer's picture, may have biased the jury.
"The buttons essentially argue that Studer was the innocent party and that the defendant was necessarily guilty," Judge Stephen Reinhardt wrote.
But Judge David Thompson, in his dissent, said the buttons were a symbol of a family's grief.
In 1990, the San Francisco-based appeals court tossed a rape conviction on grounds that jurors might have been prejudiced because some trial observers wore pins that read "Women Against Rape."
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"Would you have let the family stand and make a comment"
I am sure some of these family members gave testimony in favor of the victim which is 500% more effective on a jury than a silly button. That is why there are 12 members. There are all sorts of influences and the jury must sort it out. Testimony by a family member MUST be taken as a biased opinion just as any silly button. Listening to the Mother crying in tears would have the most effect on a jury. Maybe we should stop biased testimony so it won't affect the jury........yeah right.
Yes, but they are subject to cross-examination if they make comments under oath.
If we're going to allow buttons, are there size limits? What about signs and banners? T-shirts and hats? Hell, we might as well make it look like a football game.
"If we're going to allow buttons, are there size limits?"
I am not arguing that buttons should be allowed. I am arguing that these 2 judges are trying to get into the minds of 12 jurors to OVERTURN A MURDER CONVICTION and possible let a murderer walk. The question is, is our system that weak?? What about overwelming evidence that the murderer was a scumbag? Does that account for nothing?? We could play "what if" games all day and get most murderers and child molestors back on the streets....by the way, that HAPPENS every day(because of some liberal opinion just like this one)
Judge's perspective: jurors are morons.
If not, just let me advise you all that these 'buttons' contained NO message whatsoever. And the judges reference and reliance on their previous decision re: "Women Against Rape" buttons case is the classic definition of circular logic and asinine at best.
Oh and Musladin admits he shot and killed Studer, which is not mentioned here. Or the fact that Musladin shot Studer TWICE. The second time he followed a wounded, bleeding and crawling Studer into a garage and finished him off with a shot to the head. It's also a proven fact that Musladin immediately got his gun from his car after pushing his wife to the ground. There was no 'self defense'. Bottom line, these 'buttons' had ZERO to do with his conviction.
Read the full 19 page opinion and the DISSENT and then come back and say this was a proper ruling.
An aside, this ruling reminds me of the recent murder case in NZ (or was it Australia?) that was thrown out of court and the killer sent free because the 'judge' found that the evidence against the killer was SO overwhelming that it would be 'prejudicial'.
Granted I appreciate the details of the case, but as for me, I DON"T NEED NO STINKING DETAILS to know that a murderer is walking thanks to the 9th circuit court of appeals wacko style of thinking. The scary thing is some on this board are thinking the same way.
"I sure wouldn't want any kind of demonstration against me being held where the jurors could see it."
What demonstration???????? Some family members wore a button with picture of their dead relative. I don't know what world you are living in but these types of people WALK all the time. Do you think these child molestors are 1st time offenders??? The guy that killed the little girl in Florida had 10 priors. What kind of justice system is that...FOR HER. These people continue to get out and commit similar crimes again.
Oh, and the jury assumes guilt??? What about the OJ juror that gave a raised arm fist to OJ when he walked out of the courtroom??? Not much assumed guilt there.
and we even WONDER if it is wrong for our PRES. to stand behind TOM DELAY on investigations into judicial activism????? Mr. PREZ.....we have terrorism and war on our home front!!!!!!!!! WAKE UP!!!!
The 9th Circus get overturned more often then a Ford Explorer (exploder)on firestone (tombstone) tires.
But what bugs me the most is the continuing 'bad law' being handed down by 99.67% (my stat) of every Carter and Klintoon 'judge' in all the districts and circuits, it's not only the 9th. It is truly utter incompetence (judicial "activism" would be putting it mildly). And incompetence is a reason for impeachment. The shear number of their decisions being overturned by SCOTUS or the full Appellate Courts should be enough evidence alone. Their record for "getting it right" is below that of the local weatherman.
Heck, these 'judges' have no business sitting in 'Jerkwater, Idaho' traffic court let alone on the Federal bench.
(and yeah I know, 'we' approved these appointments. our bad)
We Agree!
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