Lawyer in Wisconsin focusing on traffic law and criminal defense, with an interest in employment discrimination and mediation/alternative dispute resolution.

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Joined 1 year ago
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Cake day: June 13th, 2023

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  • They probably didn’t have you as a prosecutor there, unfortunately.

    I’m a public defender. Was about to talk about how even though I’m as leftist as they come and find this guy reprehensible, that I’d have had no problems arguing what he argued in court… But I missed that it was charged as “attempted.” That’s an excellent point. I agree that he almost certainly attempted to commit voter fraud.

    That said, I can still see how the jury could find a not guilty though, even if, were I on it, I would have said guilty. Attempted crimes still have a mens rea (usually, and I’ll note here that I’m not barred in PA so this is all a best guess, consult a local attorney to know anything for sure). So the state would still have to prove his intent beyond a reasonable doubt.

    I’m guessing the jury said they couldn’t prove the intent beyond a reasonable doubt. Your argument convinced me, but, I can see how a jury might go the other way, for sure. Especially since juries are always unpredictable. I’ve won cases I should’ve lost and lost cases I should’ve won, you just never know what’s gonna happen in the jury room.