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

Burglary, Theft, Assault and Battery- The Week in the News

1. A man was arrested in Maryland for burglary when he was found dangling from the air conditioning ducts in a convenience store. According to the Associated Press, the man said he was playing hide and seek on the store's roof with some friends when he decided to hide in the ventilation system. Taking hide and seek extremely seriously, he removed the building's ventilation cover, crawled through the duct system and set off the fire extinguisher causing powder to be sprayed throughout the store. I wrote an earlier post on a person's constitutional right to remain silent and not speaking to police officers after arrest. He needs to watch the video, 10 Rules for Dealing with the Police, recommended in the post.  
2. Alcohol and beer is in the news again- A Columbia distributor left 1700 cases of expired Michelob Ultra and Budweiser beer at a landfill. According the the article, solid waste employees were caught on video allegedly hauling off 50 cases of the beer. Although it is not clear yet if the two employees will be prosecuted for theft, one has already quit and the other faces disciplinary action. I assume the landfill management company doesn't feel that one man's trash is another man's treasure. 
3. A restaurant on wheels is being forced to stay stationary for awhile. The restaurant, called The Lunch Box, is actually a shipping container placed on the back of a flat bed truck. The truck drops the container at certain locations for a few hours to sell gourmet sandwiches and salads. Laws for food vendors in Charlotte currently do not allow for shipping containers to serve as a restaurant. Here is the link to the broadcast from WCNC. 
4. While Mecklenburg County struggles to keep their library system afloat, George Washington owes a New York library money. According to the New York Daily News, the President that could not tell a lie checked out "The Law of Nations" and "Common Debates" over two centuries ago. According to ledgers found in the New York Society Library, Washington checked out the two books on October 5, 1789 and pledged to return them by November 2, 1789. They have never been returned. Who knew the lack of accountability of elected officials started with the first president? 
5. A Rock Hill man faces charges of assault and battery. According to the Charlotte Observer, Tony Smith was relaxing at the Executive Inn in Rock Hill when he decided to take his snake for an evening stroll; "I felt like taking my snake for a walk. I put my snake around my neck and as I was passing, I must have startled him and apparently he don't like snakes and called the law on me." The alleged victim, Jeffrey Culp, told police the snake hit him on the side of the mouth. Mr. Culp has no visible injuries. Although this case is getting national attention, click here for the WCNC report, snake and all.