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

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  •  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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