Juror B37 's Husband who is an Attorney Knows Mark O' Mara (Zimmerman's Defense Lawyer)

[newcriminal]

96. That is not what that case said.

This matter is before the Court pursuant to a Petition for Writ of Prohibition filed by Lincoln Stuart Taylor, hereafter “Mr. Taylor.” The record before us shows that Mr. Taylor was indicted for first degree murder and conspiracy to commit first degree murder. Those charges were tried before a jury in the Circuit Court of Marion County. At the conclusion of the trial, Mr. Taylor's jury acquitted him of conspiracy to commit first degree murder, but deadlocked on the first degree murder charge. A mistrial on the first degree murder count was declared and the matter set for retrial.

Prior to retrial, Mr. Taylor moved in limine to preclude the State from introducing evidence that he shot and killed the decedent or, in the alternative, to preclude the State from introducing evidence that he acted as a member of a group to kill the decedent. Mr. Taylor based his motion on the ground that those issues had been decided in his favor and the State's presenting those issues in the murder retrial would violate double jeopardy. The circuit court denied the motion, holding that double jeopardy did not require preclusion of the issues sought to be excluded by Mr. Taylor. Mr. Taylor then filed the Petition for Writ of Prohibition presently before us. For the reasons set forth herein, we find that double jeopardy does not require exclusion of the issues raised by Mr. Taylor and the petition for a Writ of Prohibition is therefore denied.

He was not retried on the conspiracy charge. This case was regarding whether evidence could be used or not.

Did you actually read it?