[don-o]

I think that giving the jury a choice, as in this case (I’m not talking about recipes this time) is a nasty trick.

Back on track - and I know this has been discussed. But, is the denial of defense attempt to exclude additional included charge of manslaughter a possible grounds for appeal? I have been shown to my satisfaction that the automatic inclusion is kosher, based on the category of Murder 2

HOWEVER, MOM made a valid argument to the judge to exercise her power to exclude. She brushed him off like a gnat. Is that reversible?

[Nervous Tick]

>> She brushed him off like a gnat. Is that reversible?

Don’t know for sure; I could make a devil’s advocate case for leaving it in (and the judge not showing bias in doing so).

I will opine this much: there are *many* more fertile fields for MOM to plow than the manslaughter inclusion, should an appeal be required.