Articles Posted in Murder

Today, the Florida First District Court of Appeal reserved Montgomery’s judgment and sentence and remanded the case for a new trial.  The court ruled that the Jacksonville trial court made a fundamental error when it gave a manslaughter instruction that erroneously suggested that an intent to kill is an element of Jacksonville manslaughter.  

The good news for Montgomery is that he gets a shot at a new Jacksonville murder trial.  Under Florida’s Double Jeopardy Laws, the State cannot try him for first-degree murder again.  He can only be tried for second-degree murder, the crime that he was convicted of in Jacksonville.  However, he has the chance of being acquitted or convicted of a lesser offense, like Jacksonville manslaughter.  Also, Montgomery cannot be sentenced to more than 45 years in prison for the Jacksonville murder.  Therefore, even if he is convicted of Jacksonville second-degree murder again, he gets another sentencing hearing.  At the hearing, he may get less than 45 years in jail.  In the end, Montgomery comes out ahead in this Jacksonville murder case.  He gets a new trial and cannot be convicted or sentenced to anything more than he already has been.  He has nothing to lose from a retrial of his Jacksonville second-degree murder case and everything to gain.  

Jacksonville jury trials are very time-consuming and expensive for the State of Florida, Jacksonville criminal attorneys, and the criminal defendant.  A Jacksonville criminal attorney goes through extensive preparation for a jury trial.  In some cases (as in Vesey’s case), the trial can take many days to complete.  When the court retires for the day, the Jacksonville criminal attorney does not.  That Jacksonville criminal attorney must continue to prepare for the next day of trial.  When a Jacksonville case results in a mistrial, the process starts all over again.  This is not only time-consuming for the Jacksonville criminal attorney, but expensive for the criminal defendant that must pay for another trial.  

It is important for the jury to follow all of the instructions given by the judge.  In every Jacksonville criminal case, the judge instructs the jury not to research the case.  In Mr. Vesey’s case, the Jacksonville juror did not follow these directions.  Now, the State of Florida must pay for a new trial, and the Jacksonville criminal attorney must prepare for trial, once again.  This Jacksonville criminal attorney and his client will have to deal with the expenses involved in another trial.