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By Judge Jerry Buchmeyer

April 2007 - I Think He Disagrees with the Verdict

This contribution ? and the title ? are from Judge Marvin L. Moore of Midland (County Court at Law No. 2). At the conclusion of a DWI trial in Judge Moore?s court, the jury returned a verdict of ?not guilty,? but the prosecutor disagreed with the verdict and the following exchange took place:

THE COURT: Let me go ahead and read the verdict. ?We the jury find the Defendant not guilty.? I need to see by a nod of the head: Is this the unanimous verdict of all the jurors?

[Everyone is nodding affirmatively.]

THE COURT: Any reason on behalf of the State that the Court can?t accept this verdict?

THE PROSECUTOR: It?s contrary to the evidence in the case, Your Honor, but that is not a legal reason, Your Honor.

Full post as published by Say What! on May 14, 2009 (boomark / email).