Wrongful death suit

[Kared]

Is it true that in the State of Texas if someone pleads "No Contest"they can not be sued for* murder?Thank you

[Jay]

Is it true that in the State of Texas if someone pleads "No Contest"they can not be sued for* murder?Thank you


Not true, in any state of the Union. You may be thinking if they plead guilty, it "may" seal a civil verdict. A plea of No Contest, is just short of an admission of guilt, the same as what is known as an Alford plea, from the SC case out of NC.

[gnm109]

In California a plea of nolo contendere (no contest) is the same as a plea of guilty as to the criminal case. This is sometimes called an Alford plea. 1.

The effect on a wrongful death tort case would be that the facts aren't litigated and put on the record other than the issue of the admission required for the basic plea.

The plaintiff in a wrongful death suit can still sue but must prove the whole case from ground zero since there won't be any specific facts on the record to use other than the admission.

The court is not required to permit the defendant to enter a plea of no contest in all cases. At least in California, it was always discretionary on the part of the judge. They don't seem to mind it in white collar crimes but when the case involves violence, they are often unwilling to permit a plea of no contest, at least that was my experience.



1. From Google: Keywords "Alford Plea": It is well settled that an Alford plea is a guilty plea. See North Carolina v. Alford, 400 U.S. 25 (1970). Prior decisions of the Departmental Appeals Board (DAB) have unequivocally held that an "Alford plea" to a criminal charge satisfies the requirement that a petitioner have been convicted.

[Kared]

Thank you Jay and Gmn for that information, interesting, very interesting.

Have you read the book A Poisoned Passion? That was a No Contest Case.

[gnm109]

Thank you Jay and Gmn for that information, interesting, very interesting.

Have you read the book A Poisoned Passion? That was a No Contest Case.

Haven't read it yet but I'll get it. As a recovering attorney, I like legal stories. LOL.

[Kared]

Thanks GNM109,

As an attorney, I would like your take on this story and what you think of the judicial system that handled the murder and also the custody, and guardianship over the money.

Thanks

[R~O~S]

Just curious, would any state actually accept a no contest plea on a murder charge?

Isn't a not guilty plea automatic, at least with 1st degree murder?

I realize there are often plea deals that take the DP off the table or reduce the charge from 1st to 2nd in exchange for a guilty plea, but no contest?

TIA to anyone who can venture an educated guess. I'm not looking to nail anyones feet to the floor on the answer. I'm clear on the reality weird isolated things can & do happen, but I've simply never heard of someone pleading no contest to a murder charge.

[Jay]

Just curious, would any state actually accept a no contest plea on a murder charge?

Isn't a not guilty plea automatic, at least with 1st degree murder?

I realize there are often plea deals that take the DP off the table or reduce the charge from 1st to 2nd in exchange for a guilty plea, but no contest?

TIA to anyone who can venture an educated guess. I'm not looking to nail anyones feet to the floor on the answer. I'm clear on the reality weird isolated things can & do happen, but I've simply never heard of someone pleading no contest to a murder charge.


Since we are talking about TX, here is thier law on acceptance of a No Contest plea:

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.26.htm#26.13

States, as seperate Soveigns, can have thier own rules of criminal procedure absent the federal rules. As long as no rule violates the Federal constitution, it is permitted.

Here are the Federal Rules on Pleas:

http://www.law.cornell.edu/rules/frcrmp/Rule11.htm

[gnm109]

Since we are talking about TX, here is thier law on acceptance of a No Contest plea:

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.26.htm#26.13

States, as seperate Soveigns, can have thier own rules of criminal procedure absent the federal rules. As long as no rule violates the Federal constitution, it is permitted.

Here are the Federal Rules on Pleas:

http://www.law.cornell.edu/rules/frcrmp/Rule11.htm

Quite right. The states make their own rules.

Looking that this case, I'm totally amazed that it was resolved with a 25 year sentence that would permit parole after 13 years. In California, it would be a first degree muirder case with special circumstances: death by poison for one. That's usually Life without parole. They hand sentences out like that every day.

[R~O~S]

TY kindly both Jay and gnm109.

I'm still unclear as to why anyone would do that, I know of one case where the defendant plead guilty to murder without a deal and went through the penalty phase of trial.

I should think no contest would be distasteful to both the prosecution and the victims remaining.

[gnm109]

TY kindly both Jay and gnm109.

I'm still unclear as to why anyone would do that, I know of one case where the defendant plead guilty to murder without a deal and went through the penalty phase of trial.

I should think no contest would be distasteful to both the prosecution and the victims remaining.

Well, of course, you're quite right. The no contest plea is not favored.. This is especially true where the crime is particularly violent. Usually it will come about as part of a plea bargain. That is, defendant pleads guilty, gets a lower sentence for the early plea and is permitted to plead no contest primarily to cover his tracks somewhat for a civil trial later on.

As mentioned numerous times, though, it still results in a finding of guilty by the court and the sentence is whatever the plea bargain was agreed to.

[Jay]

TY kindly both Jay and gnm109.

Your are welcome, no charge!!

I'm still unclear as to why anyone would do that, I know of one case where the defendant plead guilty to murder without a deal and went through the penalty phase of trial.

I should think no contest would be distasteful to both the prosecution and the victims remaining

Some cold blooded killers want the state to go through the expense of a trial, even knowing they are guilty. You'd be surprised what legal tactics can accomplish.


The fact the family and friends of the victim have to go through Hell during the process is of no concern to them.

[Kared]

I don't know why she did the Plea, but she did. She proabaaly got a much lighter sentence than if it had gone to trial. He was my nephew. You can read about the murder and the case in the book "A Poisoned assion" by true crime writer Diane Fanning.


QUOTE=R~O~S;13493875]TY kindly both Jay and gnm109.

I'm still unclear as to why anyone would do that, I know of one case where the defendant plead guilty to murder without a deal and went through the penalty phase of trial.

I should think no contest would be distasteful to both the prosecution and the victims remaining.[/QUOTE]