Runaway juries are one thing, but it’s about time to come up with a name for out of custody defendants who decide to disappear while the jury is deliberating.

It’s certainly not uncommon, but rarely does it happen twice in the span of a couple of weeks on circuit felony matters.

One individual today is still on an extended bathroom break, after a carefully worded jury question sent shivers down the spines of the defense.

In late March, another individual similarly asked to use the facilities while the jury was out, and missed hearing the foreperson seal his fate.

What changes, if any, will recent events have on BSO’s handling of out of custody, innocent until proven guilty defendants who exercise their right to go to trial, and also their right to go to the bathroom?

Wait and see, or … wait and watch?

HB 543 – Constitutional Carry goes into effect July 1, 2023.

No more CCF charges after that for people who don’t carry in restricted areas, or otherwise are entitled to carry.

But what about open, pending third degree felony CCF cases?

Will the new law be applied retroactively?

While no one can say for sure, it’s likely, under Dean v. State, which is why good lawyers everywhere should be asking for continuances until after July 1st on cases that could be impacted. Good judges should be granting them too.

As far as the thorny constitutional issues involved in closed CCF cases, or for those on probation, definitely a wait and see …

COMING SOON – Is Liz Scherer getting a show afterall?