Word: zobell
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...Zobel prefaced his new sentencing in court on Monday by saying that "even with [the reduced verdict], the defendant is [convicted] of a felony, which may have serious consequences in her future...
...page decision, which was replete with references to precedent and historical context, Zobel said Woodward's actions were "characterized by confusion, inexperience, frustration, immaturity and some anger, but not malice (in the legal sense) supporting a conviction for second-degree murder...
...Zobel, who among Superior Court judges has one of the higher rates of overturning jury verdicts, also stressed that it was within his duties as a judge to overturn a conviction that seemed unjust...
Citing past cases, Zobel said: "The judge must, above all, use the power sparingly, and with restraint...Because [the power to overturn a verdict] is a kind of safety valve, a means of rectifying disproportionate verdicts, the test is not whether the evidence could support a verdict of second-degree murder, but whether a lesser verdict more comports with justice...
...opinion about a case that has stirred up more local public attention than any in recent memory, Zobel made it clear that his ruling was based upon law, not emotional outcry...