Famous Law Pundit “Concerned” by Judge Bob LeBlanc’s Impromptu Ruling
Famous law professor Jonathan Turley has weighed in on the Comins verdict.
“(Judge Bob) LeBlanc stopped the trial before that issue was allowed to be decided by the jury — a surprising move since this would appear the ultimate fact finding… Many disagreed with the ruling. I am less concerned about the ruling on the merits as I am the decision to end the trial on such a finding of fact. One can certainly dress up the issue as a mixed question of law and fact, but this appears to be the quintessential question for the jury as a finder of fact.”
Meanwhile, over at Law Vibe: International Law News, the Comins trial was named among the Top 5 Animal Cruelty Cases of 2010. The author of that blawg, like Turley, was puzzled by the Judge’s refusal to let the jury have their say:
“Something really stinks down in Orange County Florida and it isn’t cattle droppings. After 32 months, Christopher Comins Felony Animal Cruelty trial was held this week. A jury was selected, opening statements were made, and the prosecution presented their case with witnesses and evidence. But right smack in the middle of it, the presiding judge acquitted Comins of all charges, and the jury was dismissed… Judges are elected in the State of Florida and Judge Bob LeBlanc is up for re-election in 2012.”
Lawvibe.com actually got that from here:
http://fortheloveofthedogblog.com/news-updates/justice-round-up-11511
But, that’s OK. He took out the snarky parts.
Properrty owners are legally allowed to shoot loose dogs harassing livestock. Cominns was acting under the property owner, ie, as his agent. The judge can dismiss a case mid trial after a motion for joa and he must if the state has insufficient evidence to meet their burden. The judge has to dismiss if the states own evidence does not exclude every reasonable hypothesis of innocence.
It’s just a matter of time till we see Comins in a jumpsuit. Believe it.