The jury has an absolute right to disregard an Intoxilyzer result if they have a reasonable doubt about its accuracy. It's not jury nullification, it is following their oath and the law. How he doesn't know that is beyond shocking.MORE: From Texas Monthly's Daily Post blog.
It was visiting judge Jerry Ray who retired last year as district judge in Palo Pinto County. Before being judge, he was the elected District Attorney.
Monday, November 18, 2013
Judge blasted jury because they disagreed with him
Via the blog Liberally Lean in the Land of Dairy Queen comes word of an outburst by a visiting judge in Tarrant County berating a jury for a not guilty verdict in a DWI case. See the brief transcript of his comments, in which he told the defendant he "absolutely [was] legally guilty of this offense" before declaring him "not guilty." Speaking directly to the jury, he compared their unanimous decision to the O.J. Simpson verdict, accused them of ignoring the law and their oath, and chastised them for engaging in "jury nullification," though he then acknowledged that even if that was the case, "you have a right to do that." Barry Green, author of LLLDQ, pointed out that:
Wow! Soon Texas won't need to elect both judges and prosecutors. There will be a new "jusecutor" that will combine both positions into one eliminating the need for duplicate government services.
ReplyDeleteAnon 7:35. You post as if we don't already have that.
ReplyDeleteIn my view defendants or their attorneys SHOULD be able to make a pro nullification argument to the jury in every criminal trial. The prosecutors should be perfectly willing to defend the law against a challenge as to its validity, necessity and that it is a just law....not simply be able to present a fact case. The system should be focused on violent crimes that the overwhelming majority can support rather than the many victimless crimes like simple possession of Marijuana and others that take up resources.
ReplyDelete— Daniel
I bet this judge was a great defense lawyer years ago. You know, the type who plead everyone guilty and never go to trial. Dumptruck lawyers make bad judges. -MCM
ReplyDeleteI really wish the article would have given the judge's last name as well. Jerry Ray who?
ReplyDeleteNot Jerry Ray, it's Jury Rigg
ReplyDeleteanony 727
ReplyDeleteHis name is buck files or brett harrison from tyler, tx., this is their specialty!
http://eastlandspin.com/showthread.php/23472-Conflict-of-Interest-in-Palo-Pinto-County-No-place-for-Seeking-Justice
ReplyDeleteJudge Jerry Ray is still up to his crooked ways this blog is about my problems.
This is the correct web address http://eastlandspin.com/showthread.php/23472-Conflict-of-Interest-in-Palo-Pinto-County-No-place-for-Seeking-Justice
ReplyDelete