Mow-down prof's conviction overturned
Remember the law school prof who knocked a cyclist over with her car? And did it again to a pedestrian in a crosswalk? Her conviction's been overturned on a technicality. Here's the story from the Dallas Morning Snooze.
posted by writer @ 1:49 PM
4 Comments:
This is hardly a “technicality.” Failing to tell jurors that they must all agree on the issue of guilt is tantamount to allowing a conviction with only a bare majority of jurors. Or, in other words “ The Texas Constitution guarantees a criminal defendant the right to a unanimous jury verdict in felony cases.” As a journalist, you probably want to provide a link to the court’s published opinion, which is here:
http://tinyurl.com/oxhhj or
http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05topin.ask+D+501689
GRRR... I hope the jurors find her guilty at the next trial. I ride my bike for pleasure/exercise as well as for convenience. I've had a few close calls, mostly involving drivers of SUVs. If they have a red light they have NO right to creep over the stop line and then give me an insulted look when I flip them the finger. I have the right way!! (The funniest thing about that incident was that the driver's passenger started yelling at him. He looked pretty ashamed!) But hey, I'm not the one burning fossil fuels while munching on McDonalds.... If I do get killed by a SUV or minivan at least the EMTs will notice my fabulously toned glutes and quads, right?
Ingrid
I agree that it's not a technicality. It is a serious defect in the charge. And I agree that I hope that they find her guilty in a retrial and acess a harsher sentence.
In my city, they don't allow ANY kind of fireworks, and yet bicycles are allowed even on roads with 50mph speed limits and no bike lane. They should just ban bicycles on roads with speed limits over 25mph and no bike lanes. That way it's safer for everyone.
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