Madeleine74
Knower of Things
- Joined
- Apr 7, 2011
- Messages
- 11,556
- Reaction score
- 20,080
I read the ruling PDF. In the situation with the civil suit for custody of CY, it was the defense themselves who introduced the custody civil suit into testimony through their cross-examination of Meredith Fisher. (Oops).
In the case of the wrongful death civil suit, the trial judge gave very specific and detailed limiting instructions, both before the evidence was introduced and again at the end during jury instructions, telling the jury the way to look at the civil suit and default evidence (not as evidence of criminal guilt). The SC found those limiting instructions sufficient and said there was some validity for the evidence being brought in for its limited purpose, and it was up to the trial court's discretion to determine that validity.
In addition, JY's defense attorneys (remember one of them is a judge now!) did not object and/or did not object with any specific mention of constitutional grounds for the objection. At the appellate level and with the SC it's about judicial error and specific items for appeal. The attorneys did not preserve these issues for JY. The CoA pretended like the defense did preserve the issues and then made a ruling.
The SC said the CoA erred and overturned the CoA's decision.
The defense led with their strongest appellate issues and both were shot down by the SC. Not sure they have anything else to work with from the original brief filing for the CoA to consider.
And, on the same day, killer Grant Hayes' appeals were ended by the SC. He'll be in prison the rest of his life. Remember he dismembered the mother of his 2 kids.
In the case of the wrongful death civil suit, the trial judge gave very specific and detailed limiting instructions, both before the evidence was introduced and again at the end during jury instructions, telling the jury the way to look at the civil suit and default evidence (not as evidence of criminal guilt). The SC found those limiting instructions sufficient and said there was some validity for the evidence being brought in for its limited purpose, and it was up to the trial court's discretion to determine that validity.
In addition, JY's defense attorneys (remember one of them is a judge now!) did not object and/or did not object with any specific mention of constitutional grounds for the objection. At the appellate level and with the SC it's about judicial error and specific items for appeal. The attorneys did not preserve these issues for JY. The CoA pretended like the defense did preserve the issues and then made a ruling.
The SC said the CoA erred and overturned the CoA's decision.
The defense led with their strongest appellate issues and both were shot down by the SC. Not sure they have anything else to work with from the original brief filing for the CoA to consider.
And, on the same day, killer Grant Hayes' appeals were ended by the SC. He'll be in prison the rest of his life. Remember he dismembered the mother of his 2 kids.