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(USA Today)   Not only did Aaron Hernandez get out of jail early, his conviction will be vacated   ( usatoday.com) divider line
    More: Cool, Law, first-degree murder conviction, Murder, Appeal, President Michael Coyne, United States, Patriots tight end, Massachusetts Appeals Court  
•       •       •

6707 clicks; posted to Main » on 19 Apr 2017 at 10:04 PM (26 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



90 Comments     (+0 »)
 
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2017-04-19 06:16:06 PM  
So rises from the dead?

I don't think that is going to happen again.
 
2017-04-19 06:27:24 PM  
If he had a wife or children they should get a NFL pension now.
 
2017-04-19 08:29:09 PM  
I hope his kid doesn't turn out to be a piece of shiat. Because this means there will be money.
 
2017-04-19 08:56:48 PM  
WTF is up with the Cool tag? There's not a goddamned thing 'cool' about it.
 
2017-04-19 09:17:27 PM  

John Buck 41: WTF is up with the Cool tag? There's not a goddamned thing 'cool' about it.


This is the stupidest piece of legal flim-flammery ever.  A court found him guilty.  The decision was not overturned on procedural or substantive grounds.  It's a matter of public record.
 
2017-04-19 10:07:29 PM  
Time to force-feed you all a redpill.

Bill Belichick and Tom Brady had to sacrifice men to the blood god in order to win more Super Bowl rings.

Aaron Hernandez was the fall guy.
 
2017-04-19 10:08:03 PM  
He is innocent and was murdered. farking Republican assholes.
 
2017-04-19 10:08:27 PM  
img.fark.net
I Wanna Be Vacated
 
2017-04-19 10:10:12 PM  

Incident on 57th Street: [img.fark.net image 850x566]
I Wanna Be Vacated


img.fark.net
 
2017-04-19 10:11:54 PM  

FrancoFile: John Buck 41: WTF is up with the Cool tag? There's not a goddamned thing 'cool' about it.

This is the stupidest piece of legal flim-flammery ever.  A court found him guilty.  The decision was not overturned on procedural or substantive grounds.  It's a matter of public record.


It sounds that way. But since he's dead, the appeals (and the case) can't be completed.
 
2017-04-19 10:13:10 PM  
Did the other tags get murdered?
 
2017-04-19 10:13:58 PM  
What a bunch of crap.

Next I bet that we hear that the conviction is "set aside/vacated" and Kraft puts up a statue of him, similar to what the Marlins are trying to do for the "coked out and drunk" fark-up pitcher that killed 2 of his buddies and himself in that "boating accident".
 
2017-04-19 10:14:30 PM  
OK I can see this for an accident, illness, or murder but if someone takes their own life during an appeal I would just mark off a big check in the "their guilty" box.

Seriously this changes things for lawsuits against the estate and whether a victim or their family can recover, and some SOB shouldn't be able to kill themselves to dodge a lawsuit and have their family keep the money.
 
2017-04-19 10:14:34 PM  
So because it was under appeal, the conviction just goes away?
How many appeals can you do?  A couple?  You could potentially hold up an actual conviction indefinitely with that logic.

Other than his kid being entitled to some of his money, I don't see how this helps anyone.
 
2017-04-19 10:17:41 PM  
Does this impact any wrongful death suits against his estate?
 
2017-04-19 10:18:11 PM  

FrancoFile: A court found him guilty. The decision was not overturned on procedural or substantive grounds. It's a matter of public record.


The full process isn't just one trial, it includes the opportunity to appeal.

He didn't get the full opportunity proscribed by law.
 

It's weird and annoying, but it's not wrong.
 
2017-04-19 10:19:36 PM  
I can't believe that anyone ever thought that the Ramones .made anything relatively related to music.
 
2017-04-19 10:20:27 PM  

fragMasterFlash: Does this impact any wrongful death suits against his estate?


I think not. Civil suits are judged on their own merits after a conviction or acquittal.

See Simpson, OJ.
 
2017-04-19 10:20:43 PM  

jaytkay: FrancoFile: A court found him guilty. The decision was not overturned on procedural or substantive grounds. It's a matter of public record.

The full process isn't just one trial, it includes the opportunity to appeal.

He didn't get the full opportunity proscribed by law.
 

It's weird and annoying, but it's not wrong.


He got the full opportunity. He chose not to exercise it. If he died of natural causes or was murdered/an accident, then sure vacate it during the appeal. The farker took his own life. HE stopped all of this, not the state.
 
2017-04-19 10:21:11 PM  

MNguy: I can't believe that anyone ever thought that the Ramones .made anything relatively related to music.


I know this is against the rules on Fark.

But I'll farking kill you.
 
2017-04-19 10:21:50 PM  
The wrongful death lawsuit from the victim will now be against his estate, per the attorney of the victim's family.
 
2017-04-19 10:22:29 PM  

John Buck 41: WTF is up with the Cool tag? There's not a goddamned thing 'cool' about it.


His body?
 
2017-04-19 10:29:13 PM  

Frank N Stein: MNguy: I can't believe that anyone ever thought that the Ramones .made anything relatively related to music.

I know this is against the rules on Fark.

But I'll farking kill you.


heh
 
2017-04-19 10:30:12 PM  
Win, Win, Win!
 
151 [TotalFark]
2017-04-19 10:31:24 PM  

Frank N Stein: MNguy: I can't believe that anyone ever thought that the Ramones .made anything relatively related to music.

I know this is against the rules on Fark.

But I'll farking kill you.


We found zombie a-a-ron, RUUUUUUN!
 
2017-04-19 10:34:02 PM  
Same thing happened when John Salvi (Brookline, MA abortion clinic shooter) died in prison while he was appealing his murder conviction. Judge overturned his conviction since he hadn't exhausted all of his appeals.
 
2017-04-19 10:34:30 PM  

jaytkay: FrancoFile: A court found him guilty. The decision was not overturned on procedural or substantive grounds. It's a matter of public record.

The full process isn't just one trial, it includes the opportunity to appeal.

He didn't get the full opportunity proscribed by law.
 

It's weird and annoying, but it's not wrong.


In 5 years ask 1000 people "was Aaron Hernandez a convicted murderer?" and 999 will say yes, so fu*k this stupid law.
 
2017-04-19 10:34:59 PM  

MNguy: I can't believe that anyone ever thought that the Ramones .made anything relatively related to music.


Music? They were mathematicians.  They taught millions how to count to four.
 
2017-04-19 10:36:30 PM  
Dude is dead, I don't see why it matters.  None of the 9/11 hijackers are convicted either, should we hold a mock trial for them?  People are whining about his pension, why?  It's earned money, it has nothing to do with his criminal case.  If you had a 401k and broke the law, is the gov allowed to take all of it?  No, same thing goes for pensions.  Let the victim's family get the opportunity to get it from his estate.
 
2017-04-19 10:36:34 PM  

eyeq360: John Buck 41: WTF is up with the Cool tag? There's not a goddamned thing 'cool' about it.

His body?


That's cold.
 
Oak
2017-04-19 10:37:22 PM  

MNguy: I can't believe that anyone ever thought that the Ramones .made anything relatively related to music.


I don't hang out on the Politics tab, but this might be the single dumbest post ever made on Fark.

/It's probably not
//Because Politics tab
 
2017-04-19 10:38:48 PM  

jayphat: jaytkay: FrancoFile: A court found him guilty. The decision was not overturned on procedural or substantive grounds. It's a matter of public record.

The full process isn't just one trial, it includes the opportunity to appeal.

He didn't get the full opportunity proscribed by law.
 

It's weird and annoying, but it's not wrong.

He got the full opportunity. He chose not to exercise it. If he died of natural causes or was murdered/an accident, then sure vacate it during the appeal. The farker took his own life. HE stopped all of this, not the state.


That does raise an interesting estoppel question - if you kill yourself while an appeal is pending, it does make sense that you (or your estate) would be estopped from claiming the "benefit of the doubt" and having the conviction overturned.

Alternatively, if the appeal was on procedural grounds or some other matter of law, and not on any matter of fact,could the appeal be completed posthumously?  If none of the facts are in dispute, then there's no need for any testimony from the appellant (or even for his presence).
 
2017-04-19 10:39:25 PM  

MNguy: Frank N Stein: MNguy: I can't believe that anyone ever thought that the Ramones .made anything relatively related to music.

I know this is against the rules on Fark.

But I'll farking kill you.

heh


Who the fark are the Ramones? Are they like The Ataris?
 
2017-04-19 10:40:00 PM  
... bold plan ... etc.
 
2017-04-19 10:40:56 PM  

drjekel_mrhyde: Did the other tags get murdered?


vignette3.wikia.nocookie.net

He's cool.  I'm guessing just slightly above freezing
 
2017-04-19 10:43:30 PM  
Bet his bowels were vacated too.
 
2017-04-19 10:44:52 PM  

uber humper: drjekel_mrhyde: Did the other tags get murdered?

[vignette3.wikia.nocookie.net image 405x304]

He's cool.  I'm guessing just slightly above freezing


img.fark.net
 
2017-04-19 10:47:10 PM  

eyeq360: John Buck 41: WTF is up with the Cool tag? There's not a goddamned thing 'cool' about it.

His body?


img.fark.net
 
2017-04-19 10:48:12 PM  
That's an incredibly stupid law, and Massachusetts should be ashamed of itself, but a piece of scum is gone from the earth and that's enough for me.
 
2017-04-19 10:50:51 PM  
The Kenneth Lay acquittal method strikes again.
 
2017-04-19 10:52:05 PM  
Hernandez was serving a life sentence.  Ending his life pretty much ends the sentence, so 1) he didn't technically get out of jail early, and 2) How does an appeals process work if you've already technically served all the time?
 
2017-04-19 10:53:41 PM  

Bane of Broone: uber humper: drjekel_mrhyde: Did the other tags get murdered?

[vignette3.wikia.nocookie.net image 405x304]

He's cool.  I'm guessing just slightly above freezing

[img.fark.net image 427x234]


ice cold!

alrightalrigjtalrigjtalright
 
2017-04-19 10:53:59 PM  
His "suicide" makes no sense.  But if we change "suicide" to "murder" there might be interested parties.  Particularly because his acquittal on other charges was likely to result in the mother of all lawsuits against the arresting department.

Nobody has ever killed themselves a day after an acquittal on murder charges.  That just doesn't happen.
 
2017-04-19 10:55:48 PM  

interstellar_tedium: OK I can see this for an accident, illness, or murder but if someone takes their own life during an appeal I would just mark off a big check in the "their guilty" box.

Seriously this changes things for lawsuits against the estate and whether a victim or their family can recover, and some SOB shouldn't be able to kill themselves to dodge a lawsuit and have their family keep the money.


Th'eyre*
 
2017-04-19 11:00:19 PM  
img.fark.net
 
2017-04-19 11:00:35 PM  

ScottRiqui: That does raise an interesting estoppel question - if you kill yourself while an appeal is pending, it does make sense that you (or your estate) would be estopped from claiming the "benefit of the doubt" and having the conviction overturned.

Alternatively, if the appeal was on procedural grounds or some other matter of law, and not on any matter of fact,could the appeal be completed posthumously?  If none of the facts are in dispute, then there's no need for any testimony from the appellant (or even for his presence).


Massachusetts may be different, but in most places it's considered a mootness issue. A case is moot when the court can no longer give meaningful relief to any of the parties. Which of the parties can the court now give meaningful relief to? The defendant? He's dead. The state? It was trying to punish the defendant, and you can't punish a dead man. Someone else? Maybe, but you can't keep a legal case going that's meaningless for the parties just because it might have had an impact on someone else. (And in a civil case, the defendant's estate might be substituted for the defendant under the right circumstances; but there's no mechanism for that in a criminal case, and that's probably for the best -- criminally punishing someone's heirs would be extremely yicky.)
 
2017-04-19 11:02:41 PM  

FrancoFile: John Buck 41: WTF is up with the Cool tag? There's not a goddamned thing 'cool' about it.

This is the stupidest piece of legal flim-flammery ever.  A court found him guilty.  The decision was not overturned on procedural or substantive grounds.  It's a matter of public record.


It's called "abated by death". It's not like they are exonerating him.
 
2017-04-19 11:05:48 PM  
KickahaOta:

Massachusetts may be different, but in most places it's considered a mootness issue. A case is moot when the court can no longer give meaningful relief to any of the parties. Which of the parties can the court now give meaningful relief to? The defendant? He's dead. The state? It was trying to punish the defendant, and you can't punish a dead man. Someone else? Maybe, but you can't keep a legal case going that's meaningless for the parties just because it might have had an impact on someone else. (And in a civil case, the defendant's estate might be substituted for the defendant under the right circumstances; but there's no mechanism for that in a criminal case, and that's probably for the best -- criminally punishing someone's heirs would be extremely yicky.)

I would like to go to your law school
 
2017-04-19 11:13:52 PM  

backhand.slap.of.reason: His "suicide" makes no sense.  But if we change "suicide" to "murder" there might be interested parties.  Particularly because his acquittal on other charges was likely to result in the mother of all lawsuits against the arresting department.

Nobody has ever killed themselves a day after an acquittal on murder charges.  That just doesn't happen.


He killed himself because he killed his friend to keep him quiet about a murder he got aquited from.
 
2017-04-19 11:13:53 PM  

backhand.slap.of.reason: His "suicide" makes no sense.  But if we change "suicide" to "murder" there might be interested parties.  Particularly because his acquittal on other charges was likely to result in the mother of all lawsuits against the arresting department.

Nobody has ever killed themselves a day after an acquittal on murder charges.  That just doesn't happen.


Somebody who still has a life sentence?  Sure he was acquired in these....  But he was found guilty of another murder that carried a life sentence.
 
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