Mychal Bell’s Conviction Cleared!

The great news from the Third Court of Appeals today is that Mychal Bell’s conviction has been remanded to juvenile court where the trial will start over, unless the La. Supreme Court reverses the decision on that motion as well.

Here’s the AP story posted two hours ago.

And the three judges’ unanimous decision:

“Writ Granted and Made Peremptory; Stay Denied: The trial court erred in denying Defendant’s motion in arrest of judgment regarding his conviction for aggravated second degree battery. The Defendant was not tried on an offense which could have subjected him to the jurisdiction of the criminal court pursuant to either La. Ch. Code art. 863, permitting the trial court to retain criminal jurisdiction over juvenile defendants under limited circumstances, is inapplicable, and jurisdiction remains exclusively in juvenile court.

According, the ruling of the trial court denying Defendant’s motion in arrest of judgment, as to his conviction for aggravated second degree battery, is hereby reversed, vacated and set aside. The motion in arrest of judgment is granted, and the conviction for aggravated second degree battery is vacated.

[However…]  Further, the Defendant’s request for a stay of all matters in district court, as well as those pending on other charges in juvenile court, is hereby denied.”

In my opinion, that’s the best outcome people could have expected.  For the charges to be dropped entirely would be circumventing the traditional relationship between police making charges and the legal system seeing if they are valid.

To juvenile court then.  And let’s make sure Mychal is released!

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Published in: on September 14, 2007 at 6:59 pm  Comments (1)  

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One CommentLeave a comment

  1. Thanks for the update. I read the article in Sports Illustrated and thought how screwed up the system is. It’s really sad this all came aboout because of some ignorant joke…I hope is future isn’t jeapordized.


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