So if Ellis denies a motion for mistrial could they appeal to a more liberal court to make it seem like POTUS still under suspicion?
No. There is no appeal while a jury is empaneled. Trial runs to conclusion. Judge calls mistrial in any event, the question is this before the jury is charged, or after. He he doesn;t call mistrial before the jury deliberates, the prosecution is stuck with the result. If the defendant is convicted, the defendant can appeal. I have to check this remark, but I think defendants don't ask for mistrial, they have a right of appeal on conviction.
If it is denied and the jury acquits, there is no retrial. Not sure if there is a procedure for an emergency appeal prior to giving the case to the jury. For most situations, there is no appeal from a court ruling during trial; otherwise trials would get endlessly interrupted and appellate courts would see a huge increase in work load. So generally, you have to appeal after trial. There are a few exceptions, but my guess is that denial of a mistrial motion is not one of them.
No. There is no appeal while a jury is empaneled. Trial runs to conclusion. Judge calls mistrial in any event, the question is this before the jury is charged, or after. He he doesn;t call mistrial before the jury deliberates, the prosecution is stuck with the result. If the defendant is convicted, the defendant can appeal. I have to check this remark, but I think defendants don't ask for mistrial, they have a right of appeal on conviction.
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Edit ... IF he doesn't call mistrial before the jury deliberates, the prosecution is stuck with the result.
No but if he GRANTS a mistrial they can certainly try for an easier judge.