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Motion filed asking judge to vacate mistrial

Wednesday, Sept. 12, 2012 5:20 PM
Last updated 8:23 PM
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Prosecutors have filed a motion asking a judge to vacate the mistrial he declared after a jury convicted Laquaine Chapman of child molestation on Aug. 16.

Superior Court Judge David Roper declared a post-verdict mistrial and granted Chapman a new trial sua sponte, or of his own volition, after determining that an error was made in allowing jurors to view certain evidence. The district attorney’s office filed a motion Monday stating that “granting a mistrial is not an appropriate remedy for any error committed during the defendant’s trial.”

“The defendant has been tried and convicted and trial proceedings have therefore concluded,” the motion reads.

Chapman was indicted on two counts of aggravated child molestation and one count of child molestation based on sodomy allegations from a 7-year-old girl. He was found guilty on all counts after a two-day trial.

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Little Lamb
Little Lamb 09/12/12 - 09:46 pm
Law Books

I presume that David Roper and whatever ADA filed this motion read the same law books. If an ADA says yes and a judge says no, who usually wins?

Clemintime 09/13/12 - 08:07 am
Judicial Malpractice

The cost to the taxpayers for the error(s) made by Judge Roper causing a mistrial should be to his account.

realitycheck09 09/13/12 - 11:57 am
Little lamb - it's really

Little lamb - it's really just a naming issue. The judge can't grant a mistrial after the trial is over, but he can grant a new trial. It's the same result, but just called different things.

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