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#hung jury
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Trump has so many charges against him that he's almost certainly going to be convicted of something. Not everything, probably not even a majority, but something. He knows he won't get unanimous acquittals across the board, so his only hope will be to slip loyalists onto some of the juries to hang them. A mistrial means months or years of delays as prosecution works each case through the system all over again.
In New York, he'd be retried over and over until a unanimous verdict is reached, guilty or not guilty, however long that takes, and every state level Republican candidate from now on will campaign on promises to drop the charges or pardon him or help him in some way, shape, or form.
In Georgia (he hasn't been indicted yet, but it's coming), he's going to be pardoned almost immediately. In fact, I wouldn't be surprised if he gets pardoned before it even goes to trial. Yeah, the governor refused to find 11,000 votes for him, but he's still a Republican and trump is still the leader of his party. If he didn't pardon trump, he would be crucified by his voters and shamed out of office, and his successor would pardon him instead. If he stood his ground and couldn't be bullied into resigning, then just as in New York every Republican candidate would run on the pardon promise platform. Trump will NEVER face justice in Georgia.
In the federal case in Florida, a mistrial means the judge, a trump appointee, could drop the charges and prevent the DOJ from retrying it. Best case scenario, it would get delayed into 2025 or 2026 and a different judge in the southern district of Florida will be randomly assigned to it, but that's assuming Biden wins re-election in 2024. If trump wins, he'd immediately pardon himself, or invoke the 25th to have his loyalist VP pardon him to avoid a Supreme Court decision on a self-pardon's validity. If Biden wins, the 2028 Republican candidates will all run on promises to pardon him, so he'll be out of prison the second the White House goes red. I don't trust Democrats to hold the line long enough for him to die in prison.
The federal case in Washington, DC looks open and shut, the best chance for a conviction. Trump only has four appointees in that district, so the odds of him getting off on a retrial in case of a hung jury are 4 in 13, 30.77% (4/15, 26.67% if Biden can fill the two remaining vacancies). Again, all this does is kick the can down the road until 2025 or 2026. He will walk free whenever the Republicans take back power.
The only way donald trump faces long term consequences for his crimes is if New York stays solid blue for the rest of his life, something like the next 15 or 20 years. The federal charges will disappear the second one of his allies gets elected president; I don't think the party would nominate him for a fourth time in 2028 if he loses 2024 for them, so it's looking like it's gonna be ron desantis vs Kamala Harris (God help us all). Then again, who knows? A lot can happen in the next 5 years, so maybe some nobody will be frontrunner by then and desantis will have slinked away into post-gubernatorial obscurity like Jeb and Charlie Crist. Whoever trump endorses will be the nominee, so whoever strokes his ego the hardest will have hometeam advantage. My money says it'll be some blonde woman or a lightskinned black guy for diversity points (whoever it is, they'll be even farther right than trump himself)
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remembertheplunge · 4 months
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A Christmas Eve Miracle
12/24/2023I can’t recall if I have blogged this story before or not. But, being that it’s Christmas Eve, I thought it would be worth writing up and publishing here today.
A Christmas Eve Miracle happened Christmas Eve 2015, eight years ago.
Since my first years of criminal law practice up until about 2019, I would act now and them as pro term judge in traffic court, meaning, I would fill in for the actual judge.
Christmas Eve 2015, I did this out in traffic court on Floyd Ave in Modesto, California.
The afternoon session ended at about 2:30pm . At the stop light at Oakdale Road and Floyd, I looked out about 2 miles to the north west to see intense black low clouds. They seemed to be in the area where two significant events in my life had taken place.
I was in a grocery story there when the Loma Prieta earth quake hit at 5:04pm. October 17, 1989. The store floor began to have a rolling motion and things fell from the shelves. I thought the roof was going to give.  And in 2013 a man was killed in front of some apartments behind the store. I would be appointed to represent Lisandro Mendosa, one of 5 codefendants charged with a gang related murder of the man. A 6 month jury trial resulted in a hung jury and a New York Times article about the trial, “”How do you define a gang member?   New York Times Sunday Magazine 5/27/2015. The trial was long and emotionally violent.
I continued my drive down Floyd Ave toward home. I decided to stop at the Star Bucks for a hot chocolate at Coffee road and Floyd. It sits across Coffee Road and a parking lot from the store I was in during the 89 quake. Just beyond and behind the store is where the man was killed resulting in the Mendoza trial.
Before entering Starbucks, I stood about 40 feet from Coffee Road and leaned my head back. Fine mist was falling now . I closed my eyes, felt the mist on my face and sent a healing prayer out across the store and the seen of the killing beyond it. 
Just then, unbeknownst to me,  about a mile west on Coffee road, a  storm related microburst caused a tree to to fall into telephone wires causing 50 foot tall telephone poles to one by one collapse into Coffee Road headed in my direction.
I finished my prayer, unaware of the collapsing poles, and walked 17 seconds to the Star Bucks. Inside , the power was out and there was a general sense of panic . The staff locked the door and wouldn’t let us out. Starbucks had no windows facing Floyd or Coffee Road, so we couldn’t see that the pole 40 feet from where I said the prayer had collapsed into the street as well the one just beyond  that I had just driven by.
Despite the fact it was Christmas Eve afternoon, and that Coffee Road is a busy four lane road, no one was hurt or killed inn the mile long collapse of polls and live wires into the road.
We had been told during the Mendosa jury trial that the trial had been cursed by people in Vera Cruz, Mexico. The man who was killed was hispanic. Not sure who placed the curse or why.
I drove to the jail after leaving Starbucks to meet with Mr. Mendosa who was incarcerated there.
I told him about the telephone pole incident and asked him if he thought it was as a result of the curse. He said he didn’t thinks so. He said he thought it was a sign he would get a break in the case. He did. In 2016, he received a 16 year sentence instead of life in prison via a negotiated plea. Recently, due to a change in sentencing laws, he was re sentenced and released!
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if-you-fan-a-fire · 1 year
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“FOR THIRD TIME VINKLE JURY HAS DISAGREED,” Kingston Whig-Standard. February 23, 1933. Page 2. ---- Case to Be Called to the Attention of the Attorney-General of Ontario ---- For the third time in five month, a jury in Supreme Court has been unable to agree on a verdict of guilty or not guilty, in the case of Hess Vinkle, of the Township of Olden, charged with setting fire to Ross McGinnis’ barn. Yesterday evening after deliberating for more than seven hours, the jury found that they could not agree on a verdict and accordingly were discharged by Justice Raney, the case being put over til the next court; it will also be brought to the attention of the Attorney-General. Sir Alfred Morine acted for the Crown and A. E. Day represented Vinkle. 
The jury in the case retired shortly after eleven o'clock on Wednesday morning and at four o'clock returned with the announcement that they could not agree on a verdict.
"You have, of course," said Justice Raney, "heard of the two previous disagreements. I wish that you would try and reach a verdict and if I send you back I wonder if you can come to an agreement?"
“Well, your Lordship," said W. M. Campbell, foreman, "we can only try.” 
Whereupon the jury again retired and remained locked up for two hours more. At the end of that time they returned and Mr. Campbell announced that the jurymen were all unable to reach an agreement.
"I wonder if I sent you back there with your suppers, if you could finally agree," asked Justice Raney.
“I don't think there is any chance at all," replied Mr. Campbell. 
"Are you sure you are not following precedent, as the lawyers do?” 
"No" replied Mr. Campbell, "we have been deliberating most thoroughly and there seems hardly a chance at all of an agreement.” 
Justice Raney then said that be would discharge the jury and would traverse the case to the next court at the same time bringing the matter to the attention of the Attorney-General.
“What did you say, Mr. Day?" asked Justice Raney.
“I merely said thank you, my Lord," replied Mr. Day. "Don't thank me," remarked Justice Raney. 
Vinkle appeared in Supreme Court in September last on the same charge and the jury disagreed, while again December the jury failed to come to a decision.
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l3rking · 1 year
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william-r-melich · 11 days
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Election Interference - 04/18/2024
Trump would like to be out campaigning, and instead he has been stuck in court all day every day this week for that ridiculous "hush money" court case, for which they have already selected 12 jurors. It usually takes much longer but given that it's nearly impossible for anyone to be completely fair and impartial, especially in Manhattan, NY, the potential jurors dropped very quickly. I don't want to spend much more time on this because the whole thing is ridiculous. Trump came out of the courtroom voicing his some of his frustrations. "I'm supposed to be in New Hampshire. I'm supposed to be in Georgia. I'm supposed to be in North Carolina and South Carolina. I'm supposed to be a hundred different places campaigning. But I'm here all day on a trial that really is a very unfair trial," he said. He held up several copies of news stories that sighted many legal scholars who declared what an unprecedented, unlawful, and immoral trial this is.
He spoke with disgust and anger in his voice as he thumbed through the thick stack of papers he held. "These are all stories over the last few days from legal experts, as is Wall Street Journal editorial. But all of these are stories from legal experts saying how this is not a case and the case is ridiculous, I see another one, the case is ridiculous. Trump indictment. It's missing fraud. There is no fraud." "Justice is on trial. You know, the whole world is watching this New York scandal trial." He called it a spectacle and went on to say, "The whole world is watching this hoax."
Opening statements will be heard on Monday, April 22nd, and gag-order violations will be addressed the following day, ridiculous! From what I read about the selected jurors, there's one that appears to have a good chance of voting not guilty, but I suppose you never know. Of course, it would take only one to make it a hung jury, which would be a big victory for Trump because this is such a bad case that it would more than likely be the end of it. Like I said a couple of days ago, this case should have never been brought. What a joke!
In spite of these sham trials, Trump continues to rise in the polls. It seems like bringing these cases against him makes him more popular. So, this election interference strategy of the left is backfiring so far, good! Trump is amazing. The more he's attacked, the stronger he gets.
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srotd · 8 months
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they're changing possessions
you're changing your mind
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bzalma · 1 year
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Eleventh Circuit Allows Retrial of EsformesPresidential Commutation Doesn't Stop Retrial On Cases Where Jury was Hung
Barry Zalma
Read the full article at https://lnkd.in/gkzzfbwg and see the full video at https://lnkd.in/gPvM54K3 and at https://lnkd.in/gTK672pX and at https://zalma.com/blog plus more than 4400 posts.
In United States Of America v. Philip Esformes, Nos. 19-13838, 19-14874, United States Court of Appeals, Eleventh Circuit (January 6, 2023) Philip Esformes challenged his convictions of healthcare fraud, illegal kickbacks, and money laundering and the related restitution award and forfeiture judgment. After Esformes filed this appeal, President Trump commuted his sentence of imprisonment and rendered any challenge to it moot.
In his remaining challenges, Esformes argued that his indictment should have been dismissed because of prosecutorial misconduct, that the district court erroneously admitted expert opinion testimony against him, that the admissible evidence against him was insufficient to sustain his convictions, and that the restitution award and forfeiture judgment should be vacated.
BACKGROUND
Esformes owned and operated the "Esformes Network"-several medical facilities in Miami-Dade County, Florida. The Network included "skilled nursing facilities," residential medical facilities that provided services performed by nurses, such as physical therapy or the operation of sensitive medical devices. Medicare or Medicaid will pay for a stay at a skilled nursing facility only if the patient receives medical certification that the admission is necessary and if the patient spent at least three days in an acute care hospital immediately before admission.
After a grand jury indicted two of his associates, Gabriel and Guillermo Delgado, Esformes entered into a joint-defense agreement with the Delgados. The government later added a drug charge to Guillermo Delgado's indictment that threatened a significantly higher term of imprisonment. Esformes then "offered to pay a significant sum of money to [Guillermo] Delgado so that he could flee the United States and avoid prosecution in the United States."
The Delgados signed a sealed plea agreement, began recording their conversations with Esformes, and passed along to the government multiple recordings, including some that involved conversations between Esformes and his attorneys.
The following year, an indictment charged that Esformes and others conspired to use the Network to defraud Medicare and Medicaid of millions of dollars. The Federal Bureau of Investigation executed a search warrant for Esformes's Eden Gardens medical facility to "seiz[e] . . . business records related to the health-care fraud investigation of Esformes." The government knew beforehand that Norman Ginsparg, an Illinois-licensed attorney who worked with Esformes, had an office at Eden Gardens. And a member of Esformes's defense team warned the agents that there were privileged materials at Eden Gardens. The government established a "taint protocol" to identify privileged documents found in the search and to keep the prosecution team from seeing them. It chose agents who were not otherwise involved in the investigation to conduct the search. But these measures failed.
The district court concluded that the prosecutors committed misconduct but rejected a finding of bad faith and dishonesty. At Esformes's two-month trial, prosecutors presented three types of evidence material to this appeal. First, Esformes's co-conspirators, including Gabriel Delgado, testified about the conspiracy, its means, and their roles in it. Second, the prosecutors presented summary testimony from Michael Petron, who identified various transactions in Esformes's financial records as bribes, kickbacks, and efforts to conceal illegal proceeds.
THE JURY CONVICTIONS
The jury convicted Esformes on 20 counts. The jury failed to reach a verdict with respect to the six remaining counts, and the government has stated that it intends to retry Esformes on those counts.
After Esformes filed his appeal, then-President Donald Trump commuted Esformes's term of imprisonment to time served but "le[ft] intact and in effect the remaining three-year term of supervised release with all its conditions, the unpaid balance of his . . . restitution obligation, if any, and all other components of the sentence
DISCUSSION
The Eleventh Circuit, after a lengthy review, concluded:
that the presidential commutation renders Esformes's appeal of his prison sentence moot but does not otherwise affect his appeal.
the district court did not abuse its discretion when it declined to dismiss the indictment or to disqualify the prosecutors due to misconduct.
affirmed the admission of Dr. Cifu's expert-opinion testimony.
affirmed the restitution amount as not clearly erroneous.
held that there was sufficient evidence for the jury to convict Esformes of money laundering and that the forfeiture judgment based on money laundering was lawfully calculated.
The District Court's Restitution Order Was Not Clearly Erroneous. There was plenty of evidence of actual loss to the government; indeed, defrauding the government was the core of the Esformes Network conspiracy.
The District Court's Forfeiture Order Was Lawful.
It is a federal crime to engage in a transaction knowing that it "is designed in whole or in part . . . to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity ...." When a defendant is found guilty of federal money laundering, the district court "shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property."
Legally Sufficient Evidence Supported Esformes's Money-Laundering Convictions.
Esformes's Sentence Did Not Violate the Constitution.
Esformes does not contest the $38.7 million calculation of the value of the property "involved in" his crimes, so any forfeiture under $77.4 million was presumptively constitutional. And Es-formes offers no basis to rebut that presumption.
Esformes will be tried on the six counts not the subject of the Presidential commutation.
ZALMA OPINION
Health insurance fraud perpetrators who steal millions from U.S. Government programs garner wealth beyond normal health care providers' dreams. The wealth Esfromes acquired was not earned, it was stolen. He was properly convicted on many counts and sentence to prison. President Trump allowed him to get out of jail early but refused - because he was so obviously guilty - to pardon him. Since the jury could not decide on six counts, and since the original verdict was proper, the government will be able to try him again on the six counts that were not proved in the first trial.
(c) 2023 Barry Zalma & ClaimSchool, Inc.
Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://zalmaoninsurance.locals.com/subscribe.
Go to substack at substack.com/refer/barryzalma Consider subscribing to my publications at substack at substack.com/refer/barryzalma
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and [email protected]
Write to Mr. Zalma at [email protected]; http://www.zalma.com; http://zalma.com/blog; daily articles are published at https://zalma.substack.com. Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library
Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://lnkd.in/gfFKUaTf.
Go to substack at https://lnkd.in/gEEnV7Dd Consider subscribing to my publications at substack at https://lnkd.in/gEEnV7Dd
Barry Zalma, Esq., CFE is available at http://www.zalma.com and [email protected]
Write to Mr. Zalma at [email protected]; Go to the podcast Zalma On Insurance at https://lnkd.in/gxA7YGe; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://lnkd.in/gV9QJYH; Go to the Insurance Claims Library – https://lnkd.in/gWVSBde
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lifewithaview · 2 years
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Juliana Margulies and Matt Czuchry in "The good wife"Pilot
Thirteen years after giving up her career as a lawyer to focus on husband and family, Alicia Florrick returns to a large law firm to start over again. Her husband, the State's Attorney for Cook County, was forced to resign after a sex scandal involving public funds and prostitutes. On her first day, she is assigned a pro bono case and is defending a woman accused of killing her ex-husband and trying to cover it up with a fake carjacking. The previous trial ended in a hung jury which, Alicia learns, was very much leaning toward conviction.With the help of the firm's in-house investigator, Alicia looks to open up a new line of defense against the advice of the firm's senior female partner who previously handled the case.
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savvathun · 1 month
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at this point the only way bungie could ever get me to grind out d2 before final shape launches would be to un-sunset the recluse/mountaintop god combo... so of course that's what they're doing lmao. my most beloveds will return to me at last! so much for quitting this ridiculous game 😔
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voting a serious answer in a poll that will no doubtably be 65% vanilla extract as if I’m the only sane juror in this kangaroo court
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karmaphone · 11 months
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also I fully believe if the Menendez trial(s) happened today it would have swung in the brothers' favor for two distinct reasons: 1) metoo means people are way more willing to believe survivors of sexual assault, including boys and men and 2) there would have been so much more public backlash as a result of disallowing making any part of their abuse part of their defense in the second trial they would have had to reverse it, if it was even attempted at all
#ask to tag#like the second trial is just so fucking BONKERS to me holy fuck#how do you lose a case then go 'well it was your good defense actually. that's not allowed' like holy FUCK#a hung case is still considered lost btw#bc the prosecution failed to prosecute#also sidenote: I don't fuck with you if you don't believe them#how can you watch the documentary that Erik narrated from prison and not believe it holy fuck#like. we got a hung jury IN THE NINETIES. that was 30 years ago. unwind 30 years of progress against social stigma in your mind. there was#still enough evidence for reasonable doubt with all of that bias. imagine if it had been tried today!!!!!!#30+ years of them in prison for no fucking reason!!!! I mean they#probably would have gotten out on time served if they got convicted of voluntary manslaughter!!!#to paraphrase the defense is the only good abuse victim a dead one? we've been having this (lack of) conversation about how acceptable it is#for abuse victims and survivors to Fight Back for decades. now look at amber heard. holy fuck#I just. I think about it a lot sometimes#do you think the jury for the second trial after they convicted found the evidence from the first trial and would have changed their minds?#because they convicted based on evidence presented and they weren't allowed to present anything to do with the abuse at ALL#like. none of the cousins who said that they told them they were being touched. none of the family who saw suspicious things. none of the#coaches and teachers who never saw any affection from their parents only punishment#I just. the second trial is actually disgusting to me lmfao
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remembertheplunge · 4 months
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Gang murder jury trial 2006
8/14/2006. 9:21pm
At one point Richard Herman exclaimed about me…”You are a fucking genius…”  Re: map of a house I had  witness draw re:
Drive by shooting.
Gene Trimble thinks Gun Shot Residue will prove “fatal” to our case.
So, an up day.
Walking out at 4:30pm, someone said “the real lawyers" re: Gene and I.
I felt so good that at 4:30pm when Judge called it quits—I wanted to keep going. 1pm to 4:30pm flew by in a snap.
8/15/2006. 5:47pm
Well, Gene thinks we may be in trial another month.
8/18/2006. 5:31am. Pre dawn
So, did I make a fool of myself yesterday? Again.  Or, was Gene right?  “Good Job” Whatever. Pick up you Easter eggs and move on.The trial was exhilarating. I think that we worked well together as a team—all four of us—Herman, Spokes, Trimble and Wentz.
8/22/2006
A moment of peace in a time of war. So, what of the trial? What of life? Intense fluff.
In a world where they’ll take life for a stick of gum in a second (3 strikes cases), we battle it out for months. Same penalty.  Life in Prison. Odd. The 3 strikes trial could take a day or two. We live in crazy times.
I think a key to the case is times like now. Times to settle. Times of release. Because—so much of it is Brass bands and Buffoons and smoke and mirrors. It’s a show! But, like Pippin, it’s end is real human sacrifice.
So, my job, our job, is cut to the quick. The Da’s  closings are short “hour and 15 minutes”.  Mine are 20 minutes. We both say “that’s all the juror’s can take." Length of the potential sentence does not equal the length of the close. Close can be  but a word.
End of this part of entries.
Note:
The above entries are in reference to a jury trial I was involved in that lasted from miClosing argumentdJune to about mid October 2006.
It was a co defendant gang murder case. It was held in the Modesto, California Stanislaus County Superior Court. The four co defendants were represented by myself, Gene Trimble, Earnie Spokes and Richard Herman. The trial resulted in a hung jury. The jury deliberated for three and a half weeks.
Later, I plead my client out to 14 years in prison.  If convicted at trial of first degree murder, my client and his co defendants would have been sentenced to a minimum of 25 to life. 
The Da’s case was that a few car loads of men were headed to a party in Newman, California, but, stopped off in Patterson. They were allegedly Surreno gang members.
They encounter a Norteno gang member walking along.  The Surreno’s jumped out of their vehicles, kicked and hit the Norteno. Then, one of the Surrenos  pulled out a gun , shot and killed the Norteno. The shooter fled and was not present at our trial as he had not yet been apprehended.
Easter eggs , a term I created for trial, are points that made it into evidence and thus can be argued in closing argument.
"Close "means closing argument in the jury trial
Pippen was a musical in which the main character at the end of the show is encouraged by screaming onlookers to kill himself for their entertainment.
Gun Shot Residue is gun powder left on your hands or clothing after you shoot a gun.
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if-you-fan-a-fire · 1 year
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“LE JURY NE PEUT S’ENTENDRE POUR RENDRE UN VERDICT DANS LA CAUSE DE DONAT THIFFAULT,” La Patrie. November 7, 1932. Page 5. ---- Après plus d’une heure, et quart de délibérations. - Ce citoyen de Sainte-Thècle, accusé d'avoir laissé périr son épouse dans un incendie, en mars dernier, devra subir un nouveau procès, peut-être durant le présent terme des assises ---- TROIS-RIVIERES, 7. (Correspondant de la “Patrie’), — Après avoir délibéré pendant une heure et sept minutes, le jury n’a pas été capable de s'entendre, de sorte que Donat Thiffauit devra suble un autre procès a l'accusation du meurtre de femme, qui pèse sur lui. Après avoir entendu les plaidoyers et la charge de l'honorable juge Marchand, les délibêrer, à 4 heures et 8 mioutes, pour revenir 4 heures et 15 et déclarer à la Cour qu'ils ne pouvaient s'accorder. L'honorable juge Marchand leur demanda s'ils pensaient pouvoir en venir un accord en retournant délibérer durant une demi-heure, mains ceux-ci laisèrent voir que c'était complètement inutile. De toute façon Thiffault devra subir un nouveau procès et on s'attend que ce soit avant la fin du présent terme.
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girlitfeelsgood · 1 year
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no clue what's going on this year but I love seeing people freak out over the jury being terrible and biased as if this hasn't always been the case
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cappurrccino · 1 year
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my opinion on writing fics and writing essays is the same and it's that instead of having a conclusion i should just be able to say The Fic/Paper Has Ended. and then we can all just continue on with our days
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allevils · 3 months
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it's so funny to follow me on lb bc what do you mean these were my last four films watched
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