The 23-year-old Brooklyn man was tried, convicted and — after the jury found he shot a rival dead at a dice game — sent to prison for 15 years to life. But the state’s highest court overturned the guilty verdict — all because Floyd’s mother couldn’t find a seat in the courtroom during jury selection.
A juror who voted to convict Floyd was shocked to learn of the stunning reversal.
“On a technicality like there was no room in the courtroom! That’s something new for me. I don’t think that’s right,” said the woman, who didn’t want her name used.
I used to pride myself on taking novel approaches to legal cases but I’ll admit, this argument would never have occurred to me.
Goes well with “judges who should be impeached or retired”.
It would not have occurred to you because, in the not very distant past, such a motion wouldn’t have passed what is loosely known as The Giggle Test* [Loosely, a “Giggle Test” motion a valid and serious motion only if (1) the moving lawyer, in making the motion to the Court, doesn’t crack up in giggles, OR (2) a majority of the other lawyers in the courtroom don’t giggle together upon hearing motion as submitted.
* Sometimes also called The Red Face Test.