Joseph Palmer, a former judge, was charged with first-degree murder and voluntary manslaughter for killing Mark Blackwell by hitting him with his car. During the trial, the prosecutor argued that Palmer intentionally killed Blackwell based on security camera footage, blood evidence, and Palmer's dislike of the victim. Palmer's defense claimed it was an accident since the road was dark and rainy, and Blackwell was intoxicated. The jury found Palmer not guilty of murder but guilty of voluntary manslaughter, sentencing him to four years in prison.

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Movie Legal Critic.
Assignment
Fernando Ortenblad Sigaud
Full Sail University
Business Law
12/15/2017

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Film Selected:
The Judge (2014)
The substance of the legal case at issue:
State of Indiana v. Joseph Palmer.
Prosecutor: State of Indiana, represented by the Special Prosecutor Mr. Dwight Dickham.
Defendant: Mr. Joseph Palmer.
- Charge for first-degree murder.
- Charge for voluntary manslaughter.
Case overview:
Mr. Joseph Palmer, former Judge of Carlinville, Indiana was accused of intentionally killing Mr.
Mark Blackwell, by striking him with his Cadillac Deville.
Due to the results of the accident, which lead to the death of Mr. Blackwell, the State of Indiana
charge Mr. Palmer with two lawsuits, one for first-degree murder and another for voluntary
manslaughter.
The defendant will now face a murder trial.
After the preliminary hearing, based on four testimonies and evidence presented by the
prosecutor, the court decided that case should will decided by a jury trial.

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Prosecutor arguments against the Defendant:
- The cause of Mr. Blackwell death was caused by a car hit, due to massive internal damage
and injuries consistent with being struck by a car. Doctor Putney, responsible for examining Mr.
Blackwell body after his death, confirm this evidence during his testimony,
- The Blood evidence found on the defendant car was from Mr. Blackwell. Which is confirmed
by the doctor responsible for the blood sample analysis during his testimony and a DNA
evidence analysis.
- The defendant did not break his car when he hit Mr. Blackwell, which suggests that he has
the indention in killing Mr. Blackwell. Pictures evidence of the accident scene shows no sign of
car brake.
- Lack of breaks marks is an evidence that Mr. Blackwell was deliberately struck.
- The defendant and Mr. Blackwell were seen together minutes before the accident inside a
mini-mart. Where according to a the mini-mart employee’s testimony, when Mr. Palmer saw Mr.
Blackwell he dropped his eggs, suggesting that he got nervous when he saw him.
- Video evidence from the security cameras of the mini-mart minutes before the accident,
shows Mr. Blackwell riding his bike in one direction while Mr. Palmer drives to another one. But
4 minutes and 45 seconds before, Mr. Palmer car, a 1971 Cadillac Deville pass again going in the
same direction of Mr. Blackwell.
- Mr. Palmer has a 1971 Cadillac Deville, where according to his testimony he is the owner of
the car and the only person allowed to drive it.
- Witness, clearly states that his car was sawed on the road at the approximate time of the
accident.

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- According to Mr. Palmer statement for the police officers, when he was asked about what he
was doing during the night of the accident, he said that after he got out of the mini-mart he go to
his house, but when he reached the road near the mill, the road was flooded. For this reason, he
turned around and drive in the same direction of Mr. Blackwell. But according to deputy officer
Hanson, it takes nine minutes to get to the mill and back. Since they have an evidence video
where he was seen again after less than 4 minutes and 45 seconds, the prosecution suggests that
he lied during his statement.
- The defendant during his testimony on the court, states that he did not like Mr. Blackwell and
that he wishes him dead.
- The prosecutor argued that the defendant had reasons to kill Mr. Blackwell, because a long
time ago, Mr. Blackwell was convicted by Mr. Palmer for only 30 days, instead of 10 years.
When he got out of jail, Mr. Blackwell drowned and killed a 16-year girl. This attitude makes the
defendant fill guilty about the incident and hate him, suggesting that during that night on the
mini-mart the defendant have the perfect opportunity to balance the scales of justice and murder
Mr. Blackwell.

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Defendant Defense Arguments:
- Blood Evidence, shows that Mr. Blackwell had oxycodone paracetamol in his blood and also
an alcohol level of .23. This evidence is confirmed by the doctor testimony, and suggests that
with this level of alcohol in his blood, Mr. Blackwell was not capable of riding his bike
accordingly and could have felt in front of the car.
- Picture evidence of the accident scene shows that in fact did not have any car breaks, but that
is reasonable to assume that the defendant could have hit something substantial in the dark.
Because it was raining, he did not realize it was a person that was hit and just kept going.
- There is no witness, so the prosecution cannot prove it.
- Defendant lawyer arguments, that was an accident because he was tired, he just has buried his
wife on that morning, it was dark and raining.
- The defendant was undergoing medical treatment due to chemotherapy for the last six
months, where the potential side effects are fatigue, memory loss, and nausea. Which suggests
that he did not have conditions in driving a car and knowing that he hits a person on a dark and
rainy day.
- The defendant mentioned during his testimony that he thinks that he hits Mr. Blackwell on
purpose is not a fact is just his opinion about it. Which suggests that he does not remember about
the accident.
- The defendant did not remember hitting Mr. Blackwell during that night.

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Ultimate Outcome of the case:
The jury after listening to the prosecutor and defendant arguments, reunites and come with the
verdict.
- Charge for murder in the first degree: Not Guilty
- Charge of voluntary manslaughter: Guilty.
Mr. Palmer was sentence for four years in a state prison.
Felling’s about the Outcome:
During the entire movie, I thought that the defendant was going to be charge guilty in both
lawsuits.
First, because of the blood evidence found on the defendant car and the video, where the jury
was able to see the car passing on the mini-mart and going to the same direction of the victim.
Second, during the defendant testimony, where even he did not remember that he hit Mr.
Blackwell, he clearly stated that he did not like the victim, wish him dead and think that he killed
him intentionally.
The prosecutor had good arguments, several testimonies and evidence that could have convinced
the jury to verdict the defendant guilty in both charges, but like Hank Palmer, the defendant
lawyer mentions at the end of the movie “when you put twelve Americans together on a jury and
you ask for justice, something just south of brilliance happens. Often as not, they get it right”.
Making me feel, that if you do not have concrete evidence, a reliable witness or even a good
prove the jury can always surprise you with their decisions.

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Felling’s about the entire legal presented:
I enjoy watching because I tried to connect some parts of the legal presented in the movie with
my learnings during class.
- The change of venue motion strategy used by the prosecutor in the begging of the movie
and how could this affect the selection of the jury.
- The defendant lawyer strategy to try to persuade and generate doubt and questions inside
the jury heads.
- Methods of discovery they were going to present during court.
- Have an idea of how a preliminary hearing is, when the judge will establish whether there
is a probable cause to bind the case over for a jury trial.
To conclude, the movie makes me more convinced, that I still have a lot to learn about law and if
someday I received a lawsuit or decided to sue somebody, I must always try to settle first, by
making an agreement or even a mediation, instead of letting twelve people that I never saw in my
life decide my future.

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REFERENCES:
Schenk. N, Dubuque. B, Dobkin. (2014). The Judge [Motion Picture]. United Sates.
Warner Bros Pictures.
Retrieved from: https://digitalcampus.swankmp.net/fullsail273761#/play/38944