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  1. #1

    Default Re: Ersland Trial Begins

    I am surprised that they decided so quickly and expected a lesser charge, like manslaughter. This jury was clearly of a different mind. Did they poll the jury? Can they even do that in Oklahoma (I never practiced criminal law, here)?

  2. #2

    Default Re: Ersland Trial Begins

    Quote Originally Posted by PennyQuilts View Post
    I am surprised that they decided so quickly and expected a lesser charge, like manslaughter. This jury was clearly of a different mind. Did they poll the jury? Can they even do that in Oklahoma (I never practiced criminal law, here)?
    They can request the jurors be polled in Oklahoma. I've never heard of a juror disavow his or her verdict at the time of a poll. It can come up from time to time, very rare though, during an investigation during an appeal.

    Speaking of which, I wonder who will handle the appeal. Ersland seems to be beyond financially tapped, based on earlier press articles. I suppose maybe Box's team, or someone else, might step out and offer to represent him on appeal without a fee, but that seems rather doubtful. And of course there are the not insignificant record expenses. Probably will end up landing in the county public defender office. Then again, perhaps the appeal was negotiated as part of the overall fee in the event of a conviction (unusual, but it could happen)
    Last edited by kevinpate; 05-26-2011 at 05:25 PM. Reason: insert missing word and a typo

  3. #3

    Default Re: Ersland Trial Begins

    Quote Originally Posted by PennyQuilts View Post
    I am surprised that they decided so quickly and expected a lesser charge, like manslaughter. This jury was clearly of a different mind. Did they poll the jury? Can they even do that in Oklahoma (I never practiced criminal law, here)?
    Irvin did tell Judge Elliott that he would like to poll the jury and Judge Elliott agreed

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