The interesting thing about Kenneth Smith's case is that during his first trial, the jury recommended death by a vote of 10-2. That conviction was overturned because of a jury selection issue. The retrial resulted in another conviction but this jury recommended life imprisonment 11-1 and the judge overrode it. This was never disturbed in state and federal courts.
Just retired PD trial lawyer curiosity. I tried over 300 jury cases with a dozen DP thrown in while in La. under the Harry Connick regime. Struck me as possibly chagrin-fostered reaction by the same judge. I suspect it was not, for surely on appeal, Smith would have raised that as palpable trial error - or maybe not. Who knows?
The interesting thing about Kenneth Smith's case is that during his first trial, the jury recommended death by a vote of 10-2. That conviction was overturned because of a jury selection issue. The retrial resulted in another conviction but this jury recommended life imprisonment 11-1 and the judge overrode it. This was never disturbed in state and federal courts.
Was the second trial presided over by the first trial judge?
I don't know about that. That would be interesting to know. I will look into that. Good question
Just retired PD trial lawyer curiosity. I tried over 300 jury cases with a dozen DP thrown in while in La. under the Harry Connick regime. Struck me as possibly chagrin-fostered reaction by the same judge. I suspect it was not, for surely on appeal, Smith would have raised that as palpable trial error - or maybe not. Who knows?
Was the second Smith retrial with the judge in the first one?