MS - Jessica Chambers, 19, Panola County, Dec 2014 #3 *MISTRIAL*

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I don’t think so. As I understand the defense did not request a mistrial before they were sent back to deliberate. So it’s essentially waived.

What would be the grounds for mistrial if they came back with a unanimous guilty verdict?

Incompetent counsel?
 
Not a mistrial, but an appeal would be easily granted, I would think. This jury is not competent.

I am no attorney, but I dont think jury competence is something that Appeal Court would deal with. My thoughts are the Judge sending back so many times maybe JMHO
 
Quote Originally Posted by minor4th View Post
I don’t think so. As I understand the defense did not request a mistrial before they were sent back to deliberate. So it’s essentially waived.

What would be the grounds for mistrial if they came back with a unanimous guilty verdict?

Thank you for answering a question I had been mulling over. I was under the impression that most defense attorneys will request a mistrial just to have it on record so there is no question of ineffectual council.

JMHO but the thing about this is it is in the Record of the reading NG. So maybe that is why the Defense has not spoken up? (thinking outloud) There is a reason that neither side has asked on the record for Mistrial.
 
I wonder if they think their only choice is all agree on guilty or all agree on not guilty . Do they know they can say they are deadlocked ?

I think you hit the nail on the head!

Perhaps I can say this now without getting sacked. Is this small town thinking - it is one way or the other, no other way and why the guy blurted out.

Or was the foreman a forceful bully type person who made the final decision as to what to put on the form?

It is evident this isn't a smart group of people chosen for the jury.

And we thought we'd seen it all with the Simpson and Anthony juries!!
 
They may think now that if they don't all agree, they will be there forever.

Or maybe they're panicking that they may all be hung if they don't agree.
 
Thank you for answering a question I had been mulling over. I was under the impression that most defense attorneys will request a mistrial just to have it on record so there is no question of ineffectual council.

I think most would - but this is an unusual case because the verdict form said not guilty. This is why juries are polled - the verdict form did not accurately reflect a verdict (which has not yet been reached). I don't think it would be a clear cut case of incompetent counsel; it's not a situation where every defense counsel would object no matter what, and it really didn't effect the proceedings because the jurors were given further explanation and instructions.

Having said that, I doubt they will reach a unanimous verdict.
 
mod note:This is an unusual situation, that rarely happens, but please refrain from using derogatory terms to describe the jury.
 
Not a mistrial, but an appeal would be easily granted, I would think. This jury is not competent.

I disagree. What's the reversible error here if they come back with a guilty verdict?
 
I think you hit the nail on the head!

Perhaps I can say this now without getting sacked. Is this small town thinking - it is one way or the other, no other way and why the guy blurted out.

Or was the foreman a forceful bully type person who made the final decision as to what to put on the form?

It is evident this isn't a smart group of people chosen for the jury.

And we thought we'd seen it all with the Simpson and Anthony juries!!

I’m going with a rouge foreman.
 
Could someone give me a quick recap? I’ve been at a doctor appointment and missed the last couple of hours. I’m afraid if I start reading all of the posts I will miss something.
 
@LeahBethFOX13 40s
Hearing jury has passed a note. Folks headed back into the courtroom #JessicaChambers
 
Hearing jury has passed a note. Folks headed back into the courtroom #JessicaChambers
 
[video=twitter;920031022376456194]https://twitter.com/LeahBethFOX13/status/920031022376456194[/video]
 
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