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To: Aunt Polgara
-- In a trial, once you are found "not guilty," it's over. --

In a trial, once you are found innocent by a jury, it is only (almost) over. If found guilty, defendant has an absolute right to an appeal, period, so a finding of guilt by a jury is not automatically "the end." Defendant has a time certain within which to appeal, and after that time runs, it is over.

Generally, defendant can't argue that the jury misread the evidence, but they can cite errors of law such as unqualified experts, evidence that should have been suppressed, etc.

If it is impossible to reach the trial result on the evidence, the trial result can be overturned as "clear error." But for that to happen, there must be an absence of evidence on some critical point, and by absence, I mean to include that which can be inferred from direct evidence, as well as the direct evidence.

The reason Zimmerman can appeal an adverse finding at the Dennis hearing is an artifact of the law - immunity from trial is meaningless if he has to stand trial in order to get a right to appeal. BTW, I see you asked about the remedy for Zimmerman being jailed on account of what Lester took as Shellie's lies and Zimmerman's silence. There is no remedy, as far as I can see. The time to protest is immediately after the decision, because once June 29th rolls around and Zimmerman is freed or given bail, the issue is moot. Judges have absolute immunity, short of taking bribes to throw cases. Even if Lester's order is clear error, Zimmerman won't have money damages for being out of work, etc.

-- If the Dennis hearing is appealed, would they postpone the trial until it is over? --

Yes. An appeal would stay the trial action. The results of the Dennis hearing aren't final until after an appeal is decided, and even then, the loser at appeal might choose to petition the FL Supreme Court to hear the case. There is no right to that step, but there is a right to ask for it.

40 posted on 06/11/2012 12:16:33 PM PDT by Cboldt
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To: Cboldt
Obviously, I wasn't clear. Must be a Monday. :-)

My question actually is, can the state appeal a Dennis Hearing?

BTW, I see you asked about the remedy for Zimmerman being jailed on account of what Lester took as Shellie's lies and Zimmerman's silence. There is no remedy, as far as I can see....Judges have absolute immunity, short of taking bribes to throw cases.

So that's why they act so imperial!

Thanks for responding to my question from the other website about remedies for GZ over Judge Lester's actions at the 2nd bond hearing.... You figured out it was me, huh? :-)...It's not just Z being out of work and in solitary confinement in jail, but losing his 15 grand bond money that seems so unjust. If Lester had given GZ his day in court over the issue, I wouldn't have a problem with it, but Lester didn't. Hopefully, Lester has come to his senses and realizes what he did (and allowed the prosecution to get away with, but that's probably a vain hope.

42 posted on 06/11/2012 12:41:29 PM PDT by Aunt Polgara
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