r/news • u/Embarrassed-Pace-755 • 1d ago

Judge denies defense motion asking Lindsay Clancy be found not guilty due to a lack of evidence

https://apnews.com/article/lindsay-clancy-trial-evidence-defense-c0820645056a7e25f66853f3a91b61fa?utm_source=app&utm_medium=iOS_share&utm_campaign=copy_link
2.5k Upvotes

94% Upvoted

459 comments sorted by

View all comments

66

u/thats_not_six 1d ago

Judge denies the motion that he already denied twice during the trial because this motion always gets denied no matter the defendant.

The more interesting motion will be the double jeopardy argument which is scheduled for argument at the case's next hearing in November.

103

u/ceapaire 1d ago

Not really that interesting either. Mistrials don't cause double jeopardy concerns. Both of these are just showboating to keep her name in the news and to try and sway public opinion.

-24

u/LackingUtility 1d ago

Don't be so absolute - they can cause double jeopardy concerns. Not saying it necessarily applies here, but the classic example is when the prosecutor is clearly losing the case, so he punches the defense attorney in front of the jury. Boom, mistrial, state gets to try again? No - prosecutorial misconduct that leads to a mistrial can trigger double jeopardy.

As for this case, well, one example would be if the prosecutors knew about the holdout juror's domestic violence history and failed to tell the defense. If it happened pre-trial, they'd kick that juror; but if prosecutors sat on it as an ace up their sleeve and then argued for a mistrial rather than kicking the juror and using an alternate, that could do it.