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.
Sure, but the state is bound to argue matters of law, or "clear error" against the facts in evidence.
-- 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. --
I think Lester blew it, but he's human too. We'll see if he is willing to confess uncertainty. I can think of a few reasons why his decision was either outright flawed, or missing necessary justification on the record. I'm of a mind that O'Mara will NOT push any of that is his motion for bail.
Lester can "fix" the lost bail money by releasing Zimmerman on recognizance. That would really piss off the state, but there's nothing they could do about it.
Lester has Zimmerman's statements to SPD. He's reviewed it enough to be able to tell O'Mara that O'Mara will see the remarks as exculpatory. Lester may be waiting for the state to say "that's all the evidence we have," after which he'll naturally be thinking about the merits of both the self defense argument and the murder allegation.
I don't think Lester is favorably impressed with the state's case.
I just recognized your screen name. How is Belgarath? ;-P