I don't know the answer but think I know why you are asking; and so, sending you oodles of love and solidarity and concern.
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Thanks. Twitter will use this to make your timeline better. UndoUndo
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The judge would need to allow the plea to be vacated but my assumption is trial would then proceed (with jury) with defendent pleading not guilty. (In UK)
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(disclaimer, i studied law but do not practise it)
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I asked a friend of mine who is a lawyer in the United States. (We have a million lawyers and no rule of law. Dafuq?) Presuming the defendant is charged with both crimes, he says that you could plead guilty to manslaughter, but the state can still demand a trial for murder.
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And then the defendant could argue - as a defense - that, actually, the proper criminal charge is manslaughter, and thus the jury should find the defendant not guilty of murder.
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Criminal barrister sister-in-law says: "Tricky - if not yet sentenced they can apply to the court to ‘vacate’ the plea - rarely successful where originally represented and rep was competent but can be done. If app succeeds then it will go to trial...
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... If they’ve been sentenced the court cannot do anything."
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It depends when they change their plea.
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They haven’t done it yet, but 10 days before the trial, if they try it.
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Depends on the prosecution. They could accept the lesser charge, but unlikely in this case due to the high profile. Will go to jury trial of that's the case.
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