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Breaking News/State files Brief Today in Young Case.10/20/14

Discussion in 'Michelle Young' started by jova33, Jul 23, 2014.

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  1. jova33

    jova33 New Member

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    I'm viewing on Tapatalk, so if it's not showing up for some reason, just direct me to the discussion thread and delete this. Thanks.

    Sent from my HTC6525LVW using Tapatalk
     
  2. Landonsmom02

    Landonsmom02 New Member

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    The forum is shut down until a new trial starts
     
  3. JusticeFever

    JusticeFever New Member

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  4. oenophile

    oenophile New Member

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    Breaking news August 20, SC of NC will review the appeals court ruling. Thus any new trial will be put on hold.

    I am surprised by this, except in that Constitutional issues were raised that hadn't really been addressed before. So I am guessing that the SC wanted to review those and weigh in.
     
  5. JusticeFever

    JusticeFever New Member

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    Where is this at? I checked WRAL, thank you.
     
  6. oenophile

    oenophile New Member

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  7. jova33

    jova33 New Member

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  8. JusticeFever

    JusticeFever New Member

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    Thank you, so another delay. Both sides will get another chance to present their argument.
     
  9. JusticeFever

    JusticeFever New Member

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    It means that the SC will listen to the state's request and review the ruling on JY getting a new trial.
     
  10. oenophile

    oenophile New Member

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    Following the appeal, the state filed a Petition for Discretionary Review (PDR) basically asking the Supreme Court to overturn the appeal. The Supreme Court had two choices. They could reject the PDR, like they did with the Brad Cooper case, and the appeal would stand and there would be a new trial. Or they could approve the PDR, which basically means that the Supreme Court of NC will review the appeal. Today they announced that they approved the PDR.

    Now both sides need to file briefs and will need to argue the case in front of the Supreme Court. At that point, the Supreme Court will rule to a) uphold the entire appeal; b) uphold parts of the appeal and reject other parts; or c) reverse the entire appeal.

    The biggest issue raised in the petition was how the Defense lawyers objected to the civil case being introduced during the trial. Basically, the defense didn't cite the NC statute forbidding it, and as a result, the state is arguing that this statute couldn't be used as part of the appeal (it was).

    In terms of timeframe, this will probably take at least another six months to litigate. But the immediate impact is that the new trial is put on hold, and it may be overturned. Which means that JY will not be eligible for bail.
     
  11. JusticeFever

    JusticeFever New Member

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  12. Landonsmom02

    Landonsmom02 New Member

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    I was hoping with this "breaking news" the thread would open back up
     
  13. jova33

    jova33 New Member

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    So just because his former attorney made a mistake and didn't object at trial, everything gets put on delay?

    Sent from my Nexus 7 using Tapatalk
     
  14. Boodles

    Boodles Well-Known Member

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    "RALEIGH, N.C. — The North Carolina Supreme Court ruled Wednesday that the state can appeal a ruling that grants a new trial for a Raleigh man convicted of killing his pregnant wife eight years ago...

    ...It's unclear when the state will file its appeal to the higher court.

    Young remains in prison at the Alexander Correctional Institution in Alexander County."

    Read more at http://www.wral.com/state-can-appea...c-supreme-court/13909695/#SoSIzRjtVGxRvdkH.99
     
  15. JusticeFever

    JusticeFever New Member

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    This link has already been posted......this afternoon.......when the story first came out..
    Thanks, though!
     
  16. JusticeFever

    JusticeFever New Member

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    Not much to talk about though, now we have to wait for each side to file a brief and be heard. It could
    take months.
     
  17. oenophile

    oenophile New Member

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    We don't know the reasoning for the SC decision to review the case, it could have been for this reason or for other reasons. We only know what the PDR raises as questions about the appeal. However, this issue was also raised during the oral arguments of the appeal. So, quite possibly, yes.
     
  18. Landonsmom02

    Landonsmom02 New Member

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    BBM-Interesting

    NC Supreme Court OK to take Jason Young trial

    Posted: Aug 20, 2014
    http://www.wncn.com/story/26331639/n...on-young-trial
    North Carolina's highest court has agreed to consider whether a Raleigh man convicted by jurors of killing his pregnant wife in 2006 should get a new trial that a lower court ordered in April
    The state Supreme Court announced Wednesday it had granted the request by state attorneys for justices to review the case of Jason Lynn Young.
    The Court of Appeals in April vacated Young's 2012 first-degree murder conviction for the death of his wife, Michelle, because it said the trial judge shouldn't have allowed evidence about a wrongful death lawsuit and a child custody complaint. Young remains behind bars.
    The three-judge Court of Appeals ruling was unanimous, so the Supreme Court wasn't obligated to review the case.
     
  19. Madeleine74

    Madeleine74 Of course it's my opinion, who else's would it be?

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    I wasn't expecting the SC to agree to review this case and was completely surprised by that decision. Pleased, but surprised. I don't know the timing at all, but it won't surprise me if this pushes the case out another 6 months or more just for the SC portion to be resolved one way or the other, and then another 6 months to a year if they uphold the appeals court and a new trial is ordered.
     
  20. JusticeFever

    JusticeFever New Member

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    With the latest plea deal going down in Raleigh, I can't help but wonder if Young is not thinking
    "hey, what about me?"
     
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