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Sunday, October 10, 2010

Judge Overturns Mecklenburg Jury Verdict

A Mecklenburg County Superior Court judge overturned a jury verdict this past week in a case where the defendant was accused of residential burglary. After the jury came back with a finding of guilty, Judge Eric Levinson overruled the jury's decision citing lack of sufficient evidence. This is rarely done. A criminal defense attorney will make the motion after the jury has returned the verdict of guilty, but the judge will often say something like "The jury has spoken. I see no reason to undermine the jury's decision".

I did not hear any evidence in the case and don't know anything about the case except for what I have heard and read in the news. I have to applaud the judge for this reason- regardless of your profession or your current situation- it is never easy to make an unpopular decision. The accused has a criminal record. The judge had to know that in light of the accused's past criminal record,  this was going to be an unpopular decision in the eyes of many people. The media would report the story. But the judge made the decision, a difficult one that is rarely made in criminal trials. As a criminal defense lawyer practicing in Mecklenburg County, that is a decision that deserves respect.

Watch the video: Judge overturns jury's guilty verdict

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