Jaywalking mom gets probation but opts for new trial

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The jaywalking mom whose daughter was killed by a drunk driverr, after being sentenced to one year probation, has also been given the option of a new trial.

Though I am glad for the mother, I wonder how it was possible for the judge, Katherine Tanksley, to award a new trial. First she sentenced the mother to one year of probation, then offered her the option of a new trial. If the first trial was faulty for some reason, how could she pass sentence? And if it wasn’t faulty, on what grounds could she allow another trial?


One comment

  • My understanding is that if a verdict was rendered, then jeapordy has attached, and she can’t be tried again on the same charge. They’ll have to try her on a new charge.

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