Real Life Shooting Scenarios II

[Father Knows Best]

I'm also not sure that this was two separate juries. The Court of Appeals directed the trial court to reach findings on the four issues mentioned. It doesn't make any mention of whether the same jury made the findings or a new jury was empaneled.

It pretty much has to be two separate juries. In 11 years of trial practice, I have never heard of a case getting remanded and the original jury being recalled. When a case is reversed and remanded with instructions to determine issues of fact, either it is sent back to the Judge to make those findings (if and only if the Judge was original finder of fact, which isn't the case in a jury trial), or it is sent back for a new trial in front of a new jury.

It would certainly be interesting to obtain the record from both trials, and see what the evidence and arguments were from both sides. The result doesn't seem to square well with the recitation of the facts given in the appellate decisions.

 

[cookekdjr]

Haven't read the case, and not sure our facts are complete, but...
based on what I've read here this case should have been dismissed by the prosecutor, and never should have gone to trial.
Maybe there are facts we just don't know...
-David