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  1. #16
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    Jun 2007
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    at the coffee maker
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    Oh yeah, my other hook is that the jury found Jason Young Guilty of Murder in the 1st Degree!!

    *rimshot*

  2. #17
    Join Date
    Jan 2010
    Posts
    927
    Jason Young appeals conviction in wife's 2006 beating death

    http://www.wral.com/jason-young-appe...eath/12720156/

  3. #18
    Join Date
    Jan 2004
    Posts
    26,969
    Quote Originally Posted by sundrop View Post
    Jason Young appeals conviction in wife's 2006 beating death

    http://www.wral.com/jason-young-appe...eath/12720156/
    It looks like there are a number of good legal reasons for a retrial:

    "The day care workers' testimony was not introduced in Jason Young's first trial, and ... [Judge] Stephens should not have allowed it in the second.

    ... Stephens' decision to allow testimony about a $15.5 million wrongful death lawsuit and about a custody dispute over Cassidy Young violated Jason Young's right to a fair trial.

    ... Stephens should not have instructed the jury that it could consider Jason Young's "failure to talk to friends and family as substantive evidence of guilt."

    "Instructing the jury that it could infer guilt from Mr. Young's silence was error so fundamental that the jury probably would have returned a different verdict had it not been permitted to do so,"

    http://www.wral.com/jason-young-appe...eath/12720156/

  4. #19
    Join Date
    Jan 2010
    Posts
    927
    None of the appeal arguments are egregious enough to vacate the jury's verdict. There are plenty cases with a lot more errors made at trial that never get overturned.

    Also, I've read somewhere that someone is saying that only judicial rulings are made in the first appeal. I've never heard such as crazy statement. So, all appellant lawyers expect to have a second round in appeals court? I think not. All arguments are made in the first appeal. All appeals are about errors made by the trial judge only - never about new evidence.

    Also, I read somewhere that a person stated that you can't introduce new evidence at the second trial that was not introduced at the first trial. That too is a looney statement. Refer to the following NC law below. A second trial after a mistrial is just as if no trial had ever taken place.

    When a mistrial is properly granted, “in legal contemplation there has been no trial.”State v. Tyson, 138 N.C. 627, 629 (1905). Stated otherwise, a mistrial results in nullification of a pending jury trial.’” Burchette v. Lynch, 139 N.C. App. 756, 760 (2000) (citation omitted). The parties are returned to their original positions and, at a retrial, can introduce new evidence and assert new defenses that were not raised at the first trial. See United States v. Mischlich, 310 F.Supp. 669, 672 (D. N.J. 1970), aff’d sub nom United States v. Pappas, 445 F.2d 1194 (3d Cir. 1971). This principle applies to trials and sentencing hearings.State v. Sanders, 347 N.C. 587 (1998).

  5. #20
    Join Date
    May 2010
    Location
    Raleigh NC
    Posts
    10,378

    Red face

    Quote Originally Posted by sundrop View Post
    None of the appeal arguments are egregious enough to vacate the jury's verdict. There are plenty cases with a lot more errors made at trial that never get overturned.

    Also, I've read somewhere that someone is saying that only judicial rulings are made in the first appeal. I've never heard such as crazy statement. So, all appellant lawyers expect to have a second round in appeals court? I think not. All arguments are made in the first appeal. All appeals are about errors made by the trial judge only - never about new evidence.

    Also, I read somewhere that a person stated that you can't introduce new evidence at the second trial that was not introduced at the first trial. That too is a looney statement. Refer to the following NC law below. A second trial after a mistrial is just as if no trial had ever taken place.

    When a mistrial is properly granted, “in legal contemplation there has been no trial.”State v. Tyson, 138 N.C. 627, 629 (1905). Stated otherwise, a mistrial results in nullification of a pending jury trial.’” Burchette v. Lynch, 139 N.C. App. 756, 760 (2000) (citation omitted). The parties are returned to their original positions and, at a retrial, can introduce new evidence and assert new defenses that were not raised at the first trial. See United States v. Mischlich, 310 F.Supp. 669, 672 (D. N.J. 1970), aff’d sub nom United States v. Pappas, 445 F.2d 1194 (3d Cir. 1971). This principle applies to trials and sentencing hearings.State v. Sanders, 347 N.C. 587 (1998).
    Thanks, sundrop, for this post -- it helps bring balance and straight-thinking back to this thing. I am familiar with the rulings about a trial after a mistrial -- the blackboard is wiped clean, as if no prior trial has taken place; thus the term "mistrial."

    IANAL, but I certainly think that the items listed as reasons for a retrial are not egregious at all. Who knoze what will happen on this request, but I will say that Judge Stephens doesn't make many trial errors; and he had no dog in this race -- other than justice and making sure that it was tried fairly. Those are two items that come to my mind fairly quickly,and I'm sure that the PT could go on and on about it. They were very careful, too. This trial was not a first for any of the principals.... And it is not easy to get a ruling/trial overturned.

    We'll see.


    All posts, unless attributed, are "just my humble opinion," and they are to remain here in Websleuths and are not to be used elsewhere. Thank you.
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    This blessed plot, this earth, this realm, this England.
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  6. #21
    Join Date
    May 2010
    Location
    Raleigh NC
    Posts
    10,378
    My hooks are many -- and fran hit 'em all, I think, so I will only list the ones that shouted in neon to me:


    • Where is the shirt that we saw (and that he wanted us to see) in the camera pic at the HI? I'm sure now, since he apparently had to ditch it, that he regrets that picture in retrospect... And where are the shoes we saw him wearing at CB and in the HI? He had to ditch them, too... pity, huh Jay?


    • The brutality and horrible overkill that was perpetrated on the sleeping and pregnant Michelle. I thought the perpetrator of those blows hacked her beyond death and only stopped when he was spent and could do no more -- just as Judge Stephens so eloquently put it at the end of the trial. In fact, I posted that same thought here before we heard it from him. Cruelty and horror such as was wrought on that woman could only come from energy and adrenaline fueled by rage, hate and revenge -- and I also think prolly 10 or so of those licks were directed at LF whom JY prolly hated as much or more than the hated the woman about whom he told his buddy, "I got to get married." Of all the things that his mama told him, why didn't he listen to her advice about marrying her? That "love" thing -- this man had no love left after he showered it on himself, IMO.

    And so many more... but since brevity ain't my thang, I'll stop with those...


    All posts, unless attributed, are "just my humble opinion," and they are to remain here in Websleuths and are not to be used elsewhere. Thank you.
    _________________


    This blessed plot, this earth, this realm, this England.
    William Shakespeare, King Richard II



    The Angel of the Waters, Bethesda Terrace, Central Park, New York City

  7. #22
    Join Date
    Aug 2008
    Posts
    565
    "Free Jason Young" is now on Facebbok. It seems they are quite selective in what posts to keep up. I was forthcoming with my thoughts on Mr. Young's guilt, but after a short time, my post simply vanished.
    This Facebook page is maintained by "that Jeanie girl" as Mrs. Fisher referred to her....the girl who WATCHED Mrs Fisher take her granddaughter to the bathroom during one of their supervised visits. SOOOO wrong what that family did to Cassidy by denying her the relationship with her grandmother and aunt! Well, we see who has her now... ....thank goodness!!

  8. #23
    Join Date
    May 2010
    Location
    Raleigh NC
    Posts
    10,378
    Bravo, tarheellvr!!!

    I'm proud & glad that you went ahead and posted on that site -- makes you wonder how many other comments they have "lost" on that site.... Luv your gutz, tarheel!

    And seems that the name "Jeanie" was mentioned in the telling of that bathroom incident earlier in this case. Some folks were apparently very paranoid of what that little girl might say, huh?! Did some of them hear, "Daddy did it," as clearly as I and many others posting on WS heard it? Can you imagine the reaction from daddy and daddy's mommy? That's really some fly-on-the-wall-stuff, IMO!!
    Last edited by borndem; 08-03-2013 at 06:06 PM. Reason: typo


    All posts, unless attributed, are "just my humble opinion," and they are to remain here in Websleuths and are not to be used elsewhere. Thank you.
    _________________


    This blessed plot, this earth, this realm, this England.
    William Shakespeare, King Richard II



    The Angel of the Waters, Bethesda Terrace, Central Park, New York City

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