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View Diary: Potential "Gay Panic" defense in beating death of Mississippi mayoral candidate (106 comments)

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  •  Hence the word "potential" (12+ / 0-)

    It is being reported by various sources, not just the one I linked to in the diary.

    Police investigators and several of the suspects' friends have said the suspect is claiming a "gay panic" defense, according to new reports.
    Since the trial hasn't even begun, of course there is no evidence they will ultimately use this as their defense. Again, my use of the word "potential" as well as the word "alleged."
    •  Aren't there pretrial filings? (0+ / 0-)

      I would think that like insanity, this would have to be pled well in advance of trial, and there would likely be a preliminary hearing about whether it would be allowed and whether there was enough evidence to go forward.

      A parallel would be the ruling just made in the Whitey Bulger case in Boston that he can't use a claim of immunity for murder based on alleged oral grants from a cop who died some years ago.

      But I have never practiced criminal law, so would defer to other legal beagles who have.

      •  We're way before that stage. (0+ / 0-)

        The defendant's just been arrested.  I don't know how the justice system works in Mississippi, but I'm assuming that before any of that happens the case will have to be taken to a grand jury for an indictment.

        If the defense is going to argue temporary insanity, then yes, that would have to be filed before the trial and a judge might have to rule on whether or not the defense was allowable.  (Again, I'm a licensed attorney in Texas, not Mississippi, so take this with a grain of salt.)  The prosecution would have to be given advance notice in order to prepare to counter this defense.

        28, white male, TX-26 (current), TN-09 (born), TN-08 (where parents live now)

        by TDDVandy on Tue Mar 05, 2013 at 09:29:11 PM PST

        [ Parent ]

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