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I agree that this case is NOT a slam dunk case for the prosecution. However, I believe that the defense will be able to get the jury to believe that the prosecution has not proven beyond a reasonable doubt that this is actually the person who committed this crime.
If the case is handled properly, the defense should be able to put forth a solid argument that the prosecution is basing its argument on some rather flimsy circumstantial evidence.
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But the knife hadn’t come loose by accident. It’d been yanked away from her neck, pointed at her neck, and repeatedly struck it until it popped open.
In her moments of clarity, the victim said, she never saw anyone else in the apartment, and all she could think about was having the baby and how much she’d wanted to have it. But even as her eyes closed, she could hear the sound of her attacker’s footsteps walking around her apartment and, later, with her daughter in the backpack. And as her body went limp, the victim’s mind knew. She had no doubt.
A chorus of condemnation for the former basketball star’s decision to fire the lawyer and take the case himself was almost immediate.
The vocal critics condemned his lack of legal experience as a lawyer and wondered whether there was a conflict of interest between him as a defendant and his role as a lead attorney in his wife’s case. They questioned whether he would have a bias against the prosecutors who would put her case to a jury.
They are right to worry.
But the bigger problem is what his choice has done to his legal defense. It’s not that Texas has a double-jeopardy rule that makes it more difficult to prosecute someone after they’ve been acquitted. It’s that the law says that you can’t be tried a second time for the same offense.
The law says that once a criminal jury has found an individual not guilty of an offense, the state can’t ask them to consider that same offense again at a later date. And it can’t offer the jury a choice of sentences for the same offense.
In other words, a criminal jury in Texas can’t be asked to decide whether a defendant is guilty or not guilty of a particular charge, and the law doesn’t allow them to have a choice in their sentence. The
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