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I suspect the defense will ask for a directed verdict at the end of the state's case (Original Post) DemocratSinceBirth Jul 2013 OP
Of course they will - you always do that The Velveteen Ocelot Jul 2013 #1
Is it done in the presence of the jury ? I don't remember. DemocratSinceBirth Jul 2013 #2
No. And as I recall, it's made as a written motion, The Velveteen Ocelot Jul 2013 #6
In Florida its called a Motion for Judgment of Acquittal onenote Jul 2013 #7
But the prosecution can't make an equivalent motion for a judgment of conviction. The Velveteen Ocelot Jul 2013 #8
Correct onenote Jul 2013 #9
No matter how justified this may be, the judge won't want to take the heat. Nye Bevan Jul 2013 #3
I agree, defense counsel just about always does that. Shrike47 Jul 2013 #4
They always do that Sanity Claws Jul 2013 #5

The Velveteen Ocelot

(115,783 posts)
1. Of course they will - you always do that
Wed Jul 3, 2013, 02:41 PM
Jul 2013

to preserve your right to request a new trial and/or preserve issues for appeal. It would be very unusual to get a directed verdict in a criminal trial.

The Velveteen Ocelot

(115,783 posts)
6. No. And as I recall, it's made as a written motion,
Wed Jul 3, 2013, 02:51 PM
Jul 2013

though rules will vary from state to state. In civil cases it would be made at the close of the plaintiff's case, but in a criminal case only the defendant would be entitled to make the motion. Don't know how they do it in Florida.

onenote

(42,724 posts)
7. In Florida its called a Motion for Judgment of Acquittal
Wed Jul 3, 2013, 02:57 PM
Jul 2013

Florida Crim. Procedure Rule 3.380. The motion must set forth in detail the grounds on which it is based. It can be made at the end of the state's case and can also be made (or renewed) after the close of the defense case.
Also, in Florida, the motion for judgment of acquittal can be made not only by the defense, but also by the prosecution. If made by the prosecution, the judge is required to grant the motion.

Nye Bevan

(25,406 posts)
3. No matter how justified this may be, the judge won't want to take the heat.
Wed Jul 3, 2013, 02:47 PM
Jul 2013

She will send all the charges to the jury and let them take the blame.

Shrike47

(6,913 posts)
4. I agree, defense counsel just about always does that.
Wed Jul 3, 2013, 02:48 PM
Jul 2013

In one of my first trials, I moved for a directed verdict and the judge denied and let the DA re-open his case to attempt to establish the element of the crime he had missed, now that I had pointed it out. I wasn't happy.

I still won because the DA still couldn't establish the element, even with my road map.

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