My partner closes in less than ten minutes. "Here is the statute of limitations instruction. Here is the accusation. You have to acquit." - ThreadSky

nobodyinteresting.bsky.social • 46 days ago

My partner closes in less than ten minutes.

"Here is the statute of limitations instruction. Here is the accusation. You have to acquit."

Comments

nobodyinteresting.bsky.social•46 days ago

Now, if the State had tendered the uniform traffic citations into evidence, there is a real chance that the jury could have found that this "commenced" the prosecution. And if this had been brought up pretrial, the vast majority of judges would have made that finding.

nobodyinteresting.bsky.social•46 days ago

But they never put the citations into evidence. So when they get up in closing to try to salvage the case by mentioning the citations, my partner objects, objection sustained.

The jury acquits in less than 15 minutes.

nobodyinteresting.bsky.social•46 days ago

All this to say, Ben Sessions is a tremendous lawyer who had the good sense not to rub a good issue in the State's face, but instead to wait until trial and ensure a good result they cannot appeal.

nobodyinteresting.bsky.social•46 days ago

And if you have a habit of doing surprising and effective things at trial, it is the best possible leverage, because your opponent can't be sure whether you will do it again.

Offers tend to improve!

nobodyinteresting.bsky.social•46 days ago

Also, worth noting that the State could have tried to fix it by asking the judge to let them reopen the evidence, which many judges would have done. Would have introduced a possible error for appeal, but it would have given them a shot.

They didn't think of it.

dmuskett.bsky.social•46 days ago

You can do that in GA? 😬

saviodo.bsky.social•46 days ago

senorgreygoose.bsky.social•46 days ago

I had an excellent divorce lawyer who counted an unacceptable property settlement in court on the day of the proceeding. Got exactly what I wanted in the end and he was worth every penny.

senorgreygoose.bsky.social•46 days ago

Counted = countered.

russellsilva.bsky.social•46 days ago

Is there a risk of annoying the jury that the whole thing has been a waste of time and that the defendant committed the crime(s) and is getting off on a technicality? Or will most juries just acquit in this situation?

squindar.bsky.social•46 days ago

I was thinking the same thing: if I went through this as a juror, I would be absolutely livid.

nobodyinteresting.bsky.social•46 days ago

At the defense?

squindar.bsky.social•46 days ago

at the entire process. I doubt I'd ever respond to a jury summons again.

esquiring.bsky.social•46 days ago

this is a beautiful win.

diamonddawgs99.bsky.social•46 days ago

Not a criminal lawyer. Both sides rested so evidence is closed. Before instructing jury, trial court agreed that SOL barred prosecution. why did the jury have to decide what is a legal issue? Seems like judge should have dismissed.

nobodyinteresting.bsky.social•46 days ago

Dismissal can be appealed, case could be rebrought. You want the jury to decide because acquittal is final.

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