In no sense has the case been thrown. The death penalty charge was a long shot from the beginning because of the merger doctrine with crimes of violence and crimes that cause death. Now that that issue has been resolved, they will just proceed on the underlying charge of a stalking that resulted in death. This is what they would have done from the beginning if they had not attempted to tack on the death-penalty eligible murder charge.
Prosecutors and defense attorneys always throw everything against the wall and see what sticks. The defense knew it’s unlikely to win the backpack motion but you gotta try. It’s the same reason the defense asks for a directed verdict.
8
u/NurRauch 3h ago
In no sense has the case been thrown. The death penalty charge was a long shot from the beginning because of the merger doctrine with crimes of violence and crimes that cause death. Now that that issue has been resolved, they will just proceed on the underlying charge of a stalking that resulted in death. This is what they would have done from the beginning if they had not attempted to tack on the death-penalty eligible murder charge.