SCOV Law

A full basket. By  Elizabeth Kruska   This week’s case is sort of interesting. It’s really about two things: first, whether a judgment of acquittal should have been granted (SCOV says no) and second, whether an acquittal on one charge was necessarily inconsistent with a conviction on a second charge (SCOV also says no).   Mr. Damien Diaz was charged with a whole basket of things: aggravated assault with a deadly weapon, grand larceny, unlawful mischief, carrying a dangerous or deadly weapon while committing a felony, and assault and robbery. A charge of larceny from a person was also added. This is a whole lot of stuff going on.   The facts were pretty simple. Some teenaged kids were all at a house together. One kid, the complainant, walked out of the house with a backpack containing some belongings. He walked over his friend’s car; the friend happened to be dating Mr. Diaz. Mr. Diaz came running at him. The complainant thought he saw a knife in Mr. Diaz’s shirt. The...