re: #110 Charles Johnson

I think the prosecutor over-reached in the Dunn case. They almost certainly could have gotten a conviction for 2nd degree murder, but they went for 1st. Premeditation is a very high bar to clear.

Couple of things there.
First - Florida, any 1st degree requires passing through a grand jury that is supposed to be looking for ‘do you really have a case’.
Second - the court instructions allowed downgrading the charge: “not 1st, but 2d.”

Bottom line is that at least one member of the jury thought it wasn’t murder in any way, shape, or form.