06-13-2009, 12:51 PM #1Registered User
- Join Date
- Mar 2009
Legal folks...could this be grounds for a mistrial?!
At the arraignment, [Judge] Lofthus told the attorneys she had been compiling a list of all news stories related to the Huckaby case and would give them each a hard copy of the 500 Google Alerts she collected. She said she learned that like a jury, a judge isn’t allowed to read stories in the media about a pending case.
“I won’t be looking at them anymore,” she said.
06-13-2009, 01:36 PM #2Former Member
- Join Date
- Feb 2007
Maybe one that is researching the need for a change of venue?
06-13-2009, 06:41 PM #3
I don't think this could be grounds for mistrial. Judge is stating the facts upfront, giving both the defense and prosecuter a chance to ask her to recuse herself. No trial has started yet. After supplying the defense/prosecution with the information, if they do not ask for a different judge and the trial goes forth, defense cannot ask for a mistrial based on something that was openly disclosed before trial.
Now if the defense asks judge to recuse herself and she does not, could be possible grounds. If she is asked to recuse, she definitely should. This case needs to be handled very carefully to ensure a guilty with special circumstances verdict. And it sounds like they are handling it that way. I would be very surprised if any plea bargains are offered in the case, at least early on, unless we find out other information down the line. I believe the prosecution wants a Murder 1 verdict.
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