George Zimmerman Pulled Over
On Mon, 05 Aug 2013 07:25:59 -0500, Unquestionably Confused
wrote: On 8/4/2013 11:23 PM, Wes Groleau wrote: On 08-05-2013 00:07, Harry K wrote: No. The prosecution cannot appeal the verdict. I was not aware of that. It's true, the prosecution cannot appeal an acquittal by the trial court. But the prosecution can appeal an appeals court ruling that finds the defendant innocent. You can't be tried twice for the same crime. My point exactly. Although you can--if an appeals court rules the first trial was not conducted properly. But only if YOU'RE found guilty and seek a "Mulligan." If the prosecution loses, it's over. They cannot appeal and seek the Mulligan. Yes. If you're found guilty and a court overturns your guilty verdict, you're going to have a new trial or maybe you're free, but my point is that at that point, an even higher court can overturn your overturning, and you can go back to being guilty again. That's the one exception to the prosecution not being allowed to appeal. Appeals courts don't rejudge the evidence or the findings of fact, only matters of law. |
George Zimmerman Pulled Over
On Wednesday, August 7, 2013 10:49:59 AM UTC-4, micky wrote:
On Mon, 05 Aug 2013 07:25:59 -0500, Unquestionably Confused wrote: On 8/4/2013 11:23 PM, Wes Groleau wrote: On 08-05-2013 00:07, Harry K wrote: No. The prosecution cannot appeal the verdict. I was not aware of that. It's true, the prosecution cannot appeal an acquittal by the trial court. But the prosecution can appeal an appeals court ruling that finds the defendant innocent. You can't be tried twice for the same crime. My point exactly. Although you can--if an appeals court rules the first trial was not conducted properly. But only if YOU'RE found guilty and seek a "Mulligan." If the prosecution loses, it's over. They cannot appeal and seek the Mulligan. Yes. If you're found guilty and a court overturns your guilty verdict, you're going to have a new trial or maybe you're free, but my point is that at that point, an even higher court can overturn your overturning, and you can go back to being guilty again. That's the one exception to the prosecution not being allowed to appeal. Appeals courts don't rejudge the evidence or the findings of fact, only matters of law. But they can throw evidence out or decide that other evidence should have been allowed in, which can change everything. It may not be technically re-judging the evidence, but it changes the evidence available and can totally change the case. |
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