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.

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.