The reversal is a monumental setback to the National Association of TOOTH-PICKERS!!
Awwwwwww, Jawee and Karl .... your'e screwed now! The MOMENTUM has shifted ...as it RIGHTFULLY should have!
The reversal is a monumental setback to the National Association of TOOTH-PICKERS!!
Awwwwwww, Jawee and Karl .... your'e screwed now! The MOMENTUM has shifted ...as it RIGHTFULLY should have!
It does appear that the jurors had lots of inconsistencies in the way they answered questions. That makes me think the university's lawyers could have done a better job in screening jurors. I do understand that the judge allowed one juror to remain after the university questioned her ability to be fair. As far as the judge is concerned, his record is not stellar either as evidenced by the info in this post from the Scout board.
http://mbd.scout.com/mb.aspx?s=345&f=3397&t=4470094
This was/is (should have been) a slam dunk case.
The loss sits on the shoulders of a disinterested law firm.
This case could have been used to give UL a truck load of positive publicity.
igeaux.mobi
I don't know anything about the background on UL's attornies, but this case should not require F. Lee Bailey. Once a judge fails to support proper jury selection, it is in the best interest of the defense attornies to open that door wide for an appeal. This judgement had "toss" written all over it.
With a reasonable judge and proper jury selection in the next trial, there is no way Baldwin comes out on top.
The ball is back in Jerry Baldwin's court.
The 1st Circuit Court of Appeal in Baton Rouge vacated a $2 million judgment against the UL Board of Supervisors and former Ragin' Cajun athletic director Nelson Schexnayder. That judgment came after a jury found that Baldwin, a former head football coach at UL, was terminated, in part, because of racial discrimination.
The appeals court remanded the case for a new trial. Baldwin also could appeal the ruling further to the state Supreme Court. Efforts to reach Karl Benard, lead counsel for Baldwin, as well as attorneys representing UL, were unsuccessful.
The rest of the story
Brady Aymond • baymond@theadvertiser.com • July 2, 2009
Have you ever picked a jury?
You're trying to predict the future behavior of strangers as a group based on their present behavior in a jury box for the few minutes you have to talk to them.
In most courts you don't get anything by way of backrground until the jurors fill out the questionnaire the morning of jury selection.
The best you can do is try to get rid of those witnesses you KNOW will vote against you. They tried that, and inexplicably, that juror with the pending discrimination case should have never been seated.
Once she was, the whole case was a farce.
On the other hand, the Judge knew that the case was going to get reviewed by the Court of Appeal regardless of what the Jury did.
Before you bash the Judge, remember, he was the one who threw the case out on Summary Judgment in the first place.
From my limited experience with jury trials, I hope and pray my fate is never in their hands. I know it's the best system available, but expecting some people to leave a possible bias at the court house door is a reach at best. imo
I thought the defense had a certain # of jurors they could excuse from the pool without too much trouble. If that was attempted and it was pointed out to the judge that this juror had a "pending discrimination case" and he nevertheless sat her over objections...he needs not only to be bashed, but sanctioned. imo
But isnt that what the appeal courts are all about, to protect from unjust bias from jurors or judges, to take an abstract look at a case and make a judgment on whether the court case was fair or not. we need bias in our courts, because it keeps the judicial system honest. Because after all its run by humans just like all of us. You want people to have an opinion, you want people to care. If everybody just fell in line this whole existence would be kinda pointless.
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