Return to “NC: Ft. Bragg soldier allegedly shoots officer, self”
seamusTX wrote:A lot of the grunt work in law offices is done by assistants who aren't lawyers. Erin Brockovich is a dramatic example of how that can work. (She's a real person, not just a character in a movie played by Julia Roberts.)
A lot of grunt work is performed by assistants in every type of business. Usually their managers get the credit for the work, and the money. Brockovich's lawyer-boss is a rare exception.It probably makes logistical sense to dismiss the case. If the judge sentenced the deceased that would probably start another legal process to transfer custody of the prisoner, etc. I am sure that some lucky assistant prosecutor, with low seniority, had to get a copy of the death certificate and write the court order for the judge to sign.seamusTX wrote:I think what makes this case unusual is that the deceased man had been found guilty and not sentenced yet. The case was still active in the court.WildBill wrote:... don't charges automatically get dropped when the defendant in a criminal case dies? I guess not. What about a criminal who dies on death row before he is executed? Does the State have to vacate his death sentence?
Everything that happens in court is based on a finding a fact. They can't just drop charges because they read on a website that the defendant died. (Wouldn't that be convenient?) Probably someone had to get the death certificate and move to dismiss the case, to clear it off the books.
I never really thought about this. I know a civil case is different, but don't charges automatically get dropped when the defendant in a criminal case dies? I guess not. What about a criminal who dies on death row before he is executed? Does the State have to vacate his death sentence?seamusTX wrote:Also in Hutchinson, Kansas, Friday, a judge formally dropped the assault charge against the deceased soldier. - Jim
