Saxum Posted January 13, 2021 Posted January 13, 2021 https://www.espn.com/nfl/story/_/id/30699255/scotus-tosses-split-verdict-conviction-killer-former-new-orleans-saints-star Quote The U.S. Supreme Court has thrown out the manslaughter conviction for the man who shot former New Orleans Saints star Will Smith to death in 2016. Monday's order in favor of Cardell Hayes had been expected. In December 2017, a jury convicted Hayes by a vote of 10-2 on charges of manslaughter and attempted manslaughter in the death of Smith and the wounding of Smith's wife (Raquel), who was struck in the leg by gunfire. But the Supreme Court has since ruled that such convictions must be unanimous. Expand There was a thread on it and I used Google to look for it and could not find thread. https://sports.yahoo.com/supreme-court-vacates-conviction-of-man-who-shot-and-killed-former-saint-will-smith-004230361.html Quote Hayes never denied shooting Will Smith (although at trial he told a fantastical and non-believable story that he somehow didn’t shoot Raquel). Expand
aristocrat Posted January 13, 2021 Posted January 13, 2021 It seems the guy had a pretty good case for self defense
prissythecat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 1:27 PM, aristocrat said: It seems the guy had a pretty good case for self defense Expand eight bullets into smith and another two into his wife is self defense?
aristocrat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 1:40 PM, prissythecat said: eight bullets into smith and another two into his wife is self defense? Expand read the story. Smith had a .27 BAC and had been involved in an accident beforehand and then crashed his car into this guys car and was going to start a fight. It’s not as cut and dry as the amount of bullets fired. 1
TBBills Posted January 13, 2021 Posted January 13, 2021 (edited) On 1/13/2021 at 1:40 PM, prissythecat said: eight bullets into smith and another two into his wife is self defense? Expand He looks to have just unloaded the whole clip which happens more often in times of fear. The situation unfolding had lots to do with that fear. Edited January 13, 2021 by TBBills
prissythecat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 1:42 PM, aristocrat said: read the story. Smith had a .27 BAC and had been involved in an accident beforehand and then crashed his car into this guys car and was going to start a fight. It’s not as cut and dry as the amount of bullets fired. Expand Lol . I had to have read it to get the details on the bullets. Didn’t Hayes chase down Smith after the accident ? Also, a lot of this is he said she said because although Smith had a gun, it was still in his car untouched?
prissythecat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 1:43 PM, TBBills said: He looks to have just unloaded the whole clip which happens more often in times of fear. The situation unfolding had lots to do with that fear. Expand So in a hypothetical self defense situation it’s ok to unload a whole clip even if someone was already down because of fear?
aristocrat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 1:49 PM, prissythecat said: Lol . I had to have read it to get the details on the bullets. Didn’t Hayes chase down Smith after the accident ? Also, a lot of this is he said she said because although Smith had a gun, it was still in his car untouched? Expand i mean are you smarter than the supreme court? they vacated his conviction. 1
TBBills Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 1:58 PM, prissythecat said: So in a hypothetical self defense situation it’s ok to unload a whole clip even if someone was already down because of fear? Expand We'll he did win his court case...
prissythecat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 2:03 PM, aristocrat said: i mean are you smarter than the supreme court? they vacated his conviction. Expand Now I am going to ask you if you read the story. The supreme court vacated the conviction because its a split verdict... Its not because of the individual merits of the case. On 1/13/2021 at 2:03 PM, TBBills said: We'll he did win his court case... Expand But he didn't though... The supreme court threw it out because its a split verdict--a backwards rule in louisiana that they ruled violates the sixth amendment. Its now up to the New Orleans prosecutor to decide if he wants to try this again.
aristocrat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 2:07 PM, prissythecat said: Now I am going to ask you if you read the story. The supreme court vacated the conviction because its a split verdict... Its not because of the individual merits of the case. Expand yes, gotta have all 12 to convict. 1
prissythecat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 2:13 PM, aristocrat said: yes, gotta have all 12 to convict. Expand yup. and there are over a thousand other cases in louisiana right now that have this split verdict problem.
uticaclub Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 1:58 PM, prissythecat said: So in a hypothetical self defense situation it’s ok to unload a whole clip even if someone was already down because of fear? Expand Hope you never have to be put in that position
prissythecat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 3:03 PM, uticaclub said: Hope you never have to be put in that position Expand Luckily , I tend not to put myself in a situations like Cardell who went after Smith and then rammed his car . Any reasonable person would have just called the police to report the accident rather than try to take the matter into their own hands where the outcome would quickly go bad which it did.
Bleeding Bills Blue Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 2:07 PM, prissythecat said: Now I am going to ask you if you read the story. The supreme court vacated the conviction because its a split verdict... Its not because of the individual merits of the case. But he didn't though... The supreme court threw it out because its a split verdict--a backwards rule in louisiana that they ruled violates the sixth amendment. Its now up to the New Orleans prosecutor to decide if he wants to try this again. Expand So he goes from prison to jail, and they do a re-trial?
prissythecat Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 3:24 PM, dneveu said: So he goes from prison to jail, and they do a re-trial? Expand He still isn't free . I recall seeing that the case goes back to the District first and then based on what happens there (ie does the DA want to re try), he may be free.
Royale with Cheese Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 1:40 PM, prissythecat said: eight bullets into smith and another two into his wife is self defense? Expand Yep. I have several cop friends that told me the same thing...empty your clip. Shoot to kill, don’t go after the leg. You never know who is coming after you. One cop friend in his first year had to put a guy down....he kept coming after them after I think 11 bullets.
Bleeding Bills Blue Posted January 13, 2021 Posted January 13, 2021 On 1/13/2021 at 3:32 PM, prissythecat said: He still isn't free . I recall seeing that the case goes back to the District first and then based on what happens there (ie does the DA want to re try), he may be free. Expand 10-2 makes me think he gets a re-trial. Re-trials are always tough (some assumption of guilt by the jury), its even tougher when you already were convicted and have no new evidence.
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