{"id":432,"date":"2006-09-20T22:16:05","date_gmt":"2006-09-20T22:12:43","guid":{"rendered":""},"modified":"2017-09-17T13:46:39","modified_gmt":"2017-09-17T18:46:39","slug":"en-us-289","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=432","title":{"rendered":""},"content":{"rendered":"<p>&#8220;If we don&#8217;t win your case for you, your next meal is free.&#8221; <\/p>\n<p>Arkansas being a jury sentencing state, with the jury informed of parole eligibility, we beat the plea offer by a third, or fourth, depending on how you do the math. The offer was 40, the jury gave 31. With credit for time served, he&#8217;ll be out in 4 years and 9 months or so.  Sometimes, beating the plea offer is a win, particularly when you tried to plead guilty and the victim would only permit the DA to recommend the max. So, we have a trial. More like a slow guilty plea to a jury, but with a stellar cross examination, not that it mattered.  It seemed like it was going really badly when the jury took a mere 21 minutes to convict on four counts.  Then, in punishment phase, they didn&#8217;t max him (maximum was 56).<\/p>\n<p>21 minutes may be a record for me. Like they say, quick verdicts usually go for the prosecution. But, not always so. I had a 3 minute acquittal once (I was standing at a urinal when the bailiff came for me), and a 30 minute acquittal in a week long murder case.<\/p>\n<p>And, we have reversible error on denial of a defense jury instruction, aside from another possible issue to take out a 6 year count on sufficiency of the evidence.  So, we lost. We expected to. But we came out OK. Not a bad day after all, ending at 7:30, then the 30 minute drive home.<\/p>\n<p>Postings continue in the A.M.  I&#8217;m crashing.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evGMco.b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=432\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-432","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/432","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=432"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/432\/revisions"}],"predecessor-version":[{"id":29246,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/432\/revisions\/29246"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=432"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=432"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=432"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}