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SCOTUS tosses split-verdict conviction for killer of former Saints star Will Smith


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https://www.espn.com/nfl/story/_/id/30699255/scotus-tosses-split-verdict-conviction-killer-former-new-orleans-saints-star

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The U.S. Supreme Court has thrown out the manslaughter conviction for the man who shot former New Orleans Saints star Will Smith to death in 2016.

Monday's order in favor of Cardell Hayes had been expected. In December 2017, a jury convicted Hayes by a vote of 10-2 on charges of manslaughter and attempted manslaughter in the death of Smith and the wounding of Smith's wife (Raquel), who was struck in the leg by gunfire. But the Supreme Court has since ruled that such convictions must be unanimous.

 

There was a thread on it and I used Google to look for it and could not find thread.

 

https://sports.yahoo.com/supreme-court-vacates-conviction-of-man-who-shot-and-killed-former-saint-will-smith-004230361.html

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Hayes never denied shooting Will Smith (although at trial he told a fantastical and non-believable story that he somehow didn’t shoot Raquel).

 

 

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Just now, prissythecat said:


eight bullets into smith and another two into his wife is self defense?


read the story.  Smith had a .27 BAC and had been involved in an accident beforehand and then crashed his car into this guys car and was going to start a fight.  It’s not as cut and dry as the amount of bullets fired.  

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3 minutes ago, prissythecat said:


eight bullets into smith and another two into his wife is self defense?

He looks to have just unloaded the whole clip which happens more often in times of fear. The situation unfolding had lots to do with that fear.

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4 minutes ago, aristocrat said:


read the story.  Smith had a .27 BAC and had been involved in an accident beforehand and then crashed his car into this guys car and was going to start a fight.  It’s not as cut and dry as the amount of bullets fired.  


Lol .  I had to have read it to get the details on the bullets.  Didn’t Hayes chase down Smith after the accident ?  Also, a lot of this is he said she said because although Smith had a gun, it was still in his car untouched?

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9 minutes ago, TBBills said:

He looks to have just unloaded the whole clip which happens more often in times of fear. The situation unfolding had lots to do with that fear.


So in a hypothetical self defense situation it’s ok to unload a whole clip even if someone was already down because of fear?

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12 minutes ago, prissythecat said:


Lol .  I had to have read it to get the details on the bullets.  Didn’t Hayes chase down Smith after the accident ?  Also, a lot of this is he said she said because although Smith had a gun, it was still in his car untouched?

 

i mean are you smarter than the supreme court? they vacated his conviction.  

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5 minutes ago, prissythecat said:


So in a hypothetical self defense situation it’s ok to unload a whole clip even if someone was already down because of fear?

We'll he did win his court case...

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3 minutes ago, aristocrat said:

 

i mean are you smarter than the supreme court? they vacated his conviction.  

 

Now I am going to ask you if you read the story.   The supreme court vacated the conviction because its a split verdict...   Its not because of the individual merits of the case.

4 minutes ago, TBBills said:

We'll he did win his court case...

 

 

But he didn't though...  The supreme court threw it out because its a split verdict--a  backwards rule in louisiana that they ruled violates the sixth amendment.  Its now up to the New Orleans prosecutor to decide if he wants to try this again.   

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4 minutes ago, prissythecat said:

 

Now I am going to ask you if you read the story.   The supreme court vacated the conviction because its a split verdict...   Its not because of the individual merits of the case.

 

yes, gotta have all 12 to convict.  

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1 hour ago, prissythecat said:


So in a hypothetical self defense situation it’s ok to unload a whole clip even if someone was already down because of fear?

Hope you never have to be put in that position

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15 minutes ago, uticaclub said:

Hope you never have to be put in that position

 

Luckily , I tend not to put myself in a situations like Cardell who went after Smith and then rammed his car .   Any reasonable person would have just called the police to report the accident rather than try to take the matter into their own hands where the outcome would quickly go bad which it did.  

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1 hour ago, prissythecat said:

 

Now I am going to ask you if you read the story.   The supreme court vacated the conviction because its a split verdict...   Its not because of the individual merits of the case.

 

 

But he didn't though...  The supreme court threw it out because its a split verdict--a  backwards rule in louisiana that they ruled violates the sixth amendment.  Its now up to the New Orleans prosecutor to decide if he wants to try this again.   

 

So he goes from prison to jail, and they do a re-trial?

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5 minutes ago, dneveu said:

 

So he goes from prison to jail, and they do a re-trial?

 

He still isn't free .  I recall seeing that the case goes back to the District first and then based on what happens there (ie does the DA want to re try),  he may be free.  

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1 hour ago, prissythecat said:


eight bullets into smith and another two into his wife is self defense?


Yep.  I have several cop friends that told me the same thing...empty your clip.  Shoot to kill, don’t go after the leg.

 

You never know who is coming after you.

 

One cop friend in his first year had to put a guy down....he kept coming after them after I think 11 bullets.

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2 minutes ago, prissythecat said:

 

He still isn't free .  I recall seeing that the case goes back to the District first and then based on what happens there (ie does the DA want to re try),  he may be free.  

 

10-2 makes me think he gets a re-trial.  Re-trials are always tough (some assumption of guilt by the jury), its even tougher when you already were convicted and have no new evidence.

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