07-11-2013, 06:33 PM
(07-11-2013, 03:58 PM)Jimbone Wrote:(07-11-2013, 02:00 PM)HairOfTheDog Wrote: Case law supports the consideration of lesser charges at this time. An appeal may be attempted; it will fail.Look who's a legal expert all of a sudden.
It doesn't take a legal expert to know that the prosecution and defense can ask for lesser charges to be considered by the court after their cases rest, Jim. Happens all the time. Common sense.
You're off base.
(07-11-2013, 03:58 PM)Jimbone Wrote: BTW, it's also why I said "if allowed" in my original post.
No, Jim. You said this:
"The defense is likely already writing the appeal...allowing additional charges to be considered at the end of the trial is likely a violation of the defendants due process."
I read it to mean considered by the court. Maybe you meant the jury? If that's what you meant, I agree with your statement in regards to the specific Murder 3 charge request only. The judge denied that inclusion, so it's not an issue - appellate or otherwise.