NEW Barisone Court Filing - 7/15/21

[Knights_Mom]

Depends on which case. Civil juries and criminal juries have different amounts of people and when choosing a jury each side gets a limited number of challenges and there are different challenges. Some challenges are for cause, some just because. So picking a jury - especially for a criminal case - is a talent which firms MAY use certain specialty lawyers for.

So it depends how a lawyer wants to “spend” their challenges. They read the jury pool they’re given and play a game of Stratego.

[YankeeDuchess]

@Knights_Mom

@YankeeDuchess

@LilRanger

I disagree based on my experience. Which isn’t vast or expert, just mine, that’s all.

You’re right to think that a petition is a big grab for as much territory as possible, but I disagree that there is a much calculation in it as you propose.

Of course I could be wrong, that’s possible. I’m just giving my opinion.

I’ve said before that I think that the main purpose of the civil filing is to impugn the accuracy of the police reports which will be used in the criminal trial. Much has been made of the brilliant reputation of the criminal attorney, Bilinkas. I’m assuming that a great deal of effort was put into this, looking toward the possible effects on the criminal trial. I doubt the civil action itself will ever come to trial (or be settled).

My bet is MB will prevail and the parties will settle.

I don’t think anything in the Civil case will be of use in the criminal trial except for lightening any sentence MB might get if convicted by a little. But I also believe the criminal case will plea down to assault with a deadly weapon IF LKs version is somewhat correct.

I don’t see (from way out here in spectator land) a great chance of proving intent to kill. And, unless other charges stick, if intent to kill is doubted by one juror, MB goes free.

But isn’t an insanity defense pretty much all or nothing? If you’re judged insane, you’re acquitted, but if you don’t win on the insanity argument, you’re fully culpable?

[LilRanger]

I expect voir dire will be vigorous.

But what the prosecution has going against them is the negative attitudes about women who are perceived as “crazy”. That may be where they get stuck. It’s a deeply ingrained bias, and yeah, whether or not LK is that way, it’s how the defense is going to spin it, I’d bet.

[Knights_Mom]

@YankeeDuchess

@Knights_Mom

@YankeeDuchess

@LilRanger

I disagree based on my experience. Which isn’t vast or expert, just mine, that’s all.

You’re right to think that a petition is a big grab for as much territory as possible, but I disagree that there is a much calculation in it as you propose.

Of course I could be wrong, that’s possible. I’m just giving my opinion.

I’ve said before that I think that the main purpose of the civil filing is to impugn the accuracy of the police reports which will be used in the criminal trial. Much has been made of the brilliant reputation of the criminal attorney, Bilinkas. I’m assuming that a great deal of effort was put into this, looking toward the possible effects on the criminal trial. I doubt the civil action itself will ever come to trial (or be settled).

My bet is MB will prevail and the parties will settle.

I don’t think anything in the Civil case will be of use in the criminal trial except for lightening any sentence MB might get if convicted by a little. But I also believe the criminal case will plea down to assault with a deadly weapon IF LKs version is somewhat correct.

I don’t see (from way out here in spectator land) a great chance of proving intent to kill. And, unless other charges stick, if intent to kill is doubted by one juror, MB goes free.

But isn’t an insanity defense pretty much all or nothing? If you’re judged insane, you’re acquitted, but if you don’t win on the insanity argument, you’re fully culpable?

States vary. You can be incarcerated in a mental health hospital until you can stand trial too.

[MHM]

@Knights_Mom

Depends on which case. Civil juries and criminal juries have different amounts of people and when choosing a jury each side gets a limited number of challenges and there are different challenges. Some challenges are for cause, some just because. So picking a jury - especially for a criminal case - is a talent which firms MAY use certain specialty lawyers for.

So it depends how a lawyer wants to “spend” their challenges. They read the jury pool they’re given and play a game of Stratego.

My only first-hand experience on the subject was when I was called for jury duty a few years back. I’m pretty sure I was not selected due to the fact that I said I could not believe one person over another with no evidence to back up either side. I was surprised at how many other potential jurors seemed to think that would be no problem.

[LilRanger]

Or serve out your sentence in said behavioral unit.

[YankeeDuchess]

@Knights_Mom

@YankeeDuchess

@Knights_Mom

@YankeeDuchess

@LilRanger

I disagree based on my experience. Which isn’t vast or expert, just mine, that’s all.

You’re right to think that a petition is a big grab for as much territory as possible, but I disagree that there is a much calculation in it as you propose.

Of course I could be wrong, that’s possible. I’m just giving my opinion.

I’ve said before that I think that the main purpose of the civil filing is to impugn the accuracy of the police reports which will be used in the criminal trial. Much has been made of the brilliant reputation of the criminal attorney, Bilinkas. I’m assuming that a great deal of effort was put into this, looking toward the possible effects on the criminal trial. I doubt the civil action itself will ever come to trial (or be settled).

My bet is MB will prevail and the parties will settle.

I don’t think anything in the Civil case will be of use in the criminal trial except for lightening any sentence MB might get if convicted by a little. But I also believe the criminal case will plea down to assault with a deadly weapon IF LKs version is somewhat correct.

I don’t see (from way out here in spectator land) a great chance of proving intent to kill. And, unless other charges stick, if intent to kill is doubted by one juror, MB goes free.

But isn’t an insanity defense pretty much all or nothing? If you’re judged insane, you’re acquitted, but if you don’t win on the insanity argument, you’re fully culpable?

States vary. You can be incarcerated in a mental health hospital until you can stand trial too.

So far he has not said that he is mentally incompetent to stand trial, just that he was legally insane at the time of the shooting.

My question was, if the insanity defense doesn’t fly, how does bringing the insanity defense create a mitigating factor that would reduce the charge from attempted murder to assault?

[Knights_Mom]

@LilRanger

I expect voir dire will be vigorous.

But what the prosecution has going against them is the negative attitudes about women who are perceived as “crazy”. That may be where they get stuck. It’s a deeply ingrained bias, and yeah, whether or not LK is that way, it’s how the defense is going to spin it, I’d bet.

Potential Juror Questions:

Have you ever ridden a horse?
Do you like sports?
Do you watch the Olympics?
Have you ever been assaulted?
Have you ever been a landlord? A tenant?
How do you feel about the police?
Do you have any pets?
Do you own any guns?

Other things:
How many females should be on the jury?
Race, marital status, divorces, etc

Jury selection is an art form.

[Knights_Mom]

@YankeeDuchess

@Knights_Mom

@YankeeDuchess

@Knights_Mom

@YankeeDuchess

@LilRanger

I disagree based on my experience. Which isn’t vast or expert, just mine, that’s all.

You’re right to think that a petition is a big grab for as much territory as possible, but I disagree that there is a much calculation in it as you propose.

Of course I could be wrong, that’s possible. I’m just giving my opinion.

I’ve said before that I think that the main purpose of the civil filing is to impugn the accuracy of the police reports which will be used in the criminal trial. Much has been made of the brilliant reputation of the criminal attorney, Bilinkas. I’m assuming that a great deal of effort was put into this, looking toward the possible effects on the criminal trial. I doubt the civil action itself will ever come to trial (or be settled).

My bet is MB will prevail and the parties will settle.

I don’t think anything in the Civil case will be of use in the criminal trial except for lightening any sentence MB might get if convicted by a little. But I also believe the criminal case will plea down to assault with a deadly weapon IF LKs version is somewhat correct.

I don’t see (from way out here in spectator land) a great chance of proving intent to kill. And, unless other charges stick, if intent to kill is doubted by one juror, MB goes free.

But isn’t an insanity defense pretty much all or nothing? If you’re judged insane, you’re acquitted, but if you don’t win on the insanity argument, you’re fully culpable?

States vary. You can be incarcerated in a mental health hospital until you can stand trial too.

So far he has not said that he is mentally incompetent to stand trial, just that he was legally insane at the time of the shooting.

My question was, if the insanity defense doesn’t fly, how does bringing the insanity defense create a mitigating factor that would reduce the charge from attempted murder to assault?

Attempted murder implies a premeditated or course of action in which the outcome could rightfully be the death of another.

Assault with a deadly weapon means shit happened and someone was badly injured as a result.

Readers Digest version.

[MorganSercu]

I’m on it!

Shutterstock.

Pearls Before Swine Old Book Quotation Stock Photo (Edit Now) 1178757145

[Brown_Derby]

@Knights_Mom

Jury selection is an art form.

It sure is. I participated in moot court and the lesson of the night was jury selection. One does not even need to speak to be selected or dismissed. Footwear alone could dismiss a potential juror.

[Knights_Mom]

Exactly.

[ASB_Stars]

@YankeeDuchess

Actually, you announced you would not “engage” with me for the entire day, but lasted only 5 hours before reengaging.

This reminds me of the lyrics to a country song where they ask “what kind of gone”? If one takes a gander at the thread down yonder, you’ll see that YD was telling the world how gone she would be…um…

I am not sure how you can take anyone seriously who displays this kind of histrionics.

[LilRanger]

Because he doesn’t need to file a civil suit to impugn the police reports. That what the defense does, bring up all the defenses to the accusation. There is zero need for a civil case to inform a criminal case.

In a case the defense can have different defenses that seem to contradict each other, that is normal. That’s the hard part of law, and that the job of the fact finder, did the state build framework supported by the facts? If the facts don’t support the prosecution beyond a reasonable doubt, then the defense wins.

If you’re the defense, you better chuck everything you got, because any wobble is victory.

[MHM]

Love it, thanks! I bow to your superior searching skills!!

I have a feeling it will require a lot of restraint to not dispense that picture liberally throughout the day on the BB and elsewhere.

[MHM]

@Brown_Derby

Footwear alone could dismiss a potential juror.

Hmm, interesting. So what would be the best footwear to get out of jury duty? Asking for a friend. Lol.

[MorganSercu]

Shutterstock was a huge help to me in years past and my go-to for images that aren’t emojis or gifs yet. I know a few photographers who sold images on it.

Enjoy the site. Consider purchasing something to support an artist.

[MorganSercu]

Smelly sturdy boots and a moth-eaten sweater is my bet. Bonus points if you can muss up your hair and have bits of hay in your 'do or on your clothes.

[MHM]

So just my normal attire? Sweet! Lol.

[LilRanger]

Maybe it was that eau de chevall you insist on wearing?