[viaveritasvita]

mk: >>>>Then how can any judge just arbitrarily toss in another charge (manslaughter)<<<

Uncle Chip: >>>Because Florida law says that lesser charges can be considered — and manslaughter is one of those lesser charges.<<<

I’ve been wondering about this, Uncle. So, IOW, this would have been information/FL law that def was aware of, so the talk of their being blindsided on the manslaughter charge (ie not being able to defend against it ‘cuz it wasn’t in original charges) is incorrect....?? TIA

[101stAirborneVet]

I’ve been wondering about this, Uncle. So, IOW, this would have been information/FL law that def was aware of, so the talk of their being blindsided on the manslaughter charge (ie not being able to defend against it ‘cuz it wasn’t in original charges) is incorrect....?? TIA

My understanding is that the charge the defense felt blindsided by was the 3rd Degree Murder / Child Abuse charge that the prosecutors dropped on them at 0730 the day of Jury Instructions. Fortunately, Judge Nastycakes didn't let that charge in.

[Uncle Chip]

I think it is judicial discretion with regards to it as well. It can be excluded by the judge.

But I think the blindside had more to do with the 3rd degree child abuse charge that the court was considering but then rejected.

[Williams]

The inclusion of a lesser charge is not at all unusual. Defense always tries to push the envelope and it’s another issue for appeal. It is disadvantageous to the defense, but it makes sense.