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To: Nervous Tick

Of course, certain types of prosecutorial misconduct may be the basis for an appeal. If a prosecutor fails to provide the defendant with potentially exculpatory evidence before trial, then under Brady v Maryland, of course the defendant has grounds for appeal.

But a prosecutor’s charging decision is not an appealable act. The remedy for a mistaken charging decision is to win at trial. If you lose at trial (e.g., of the prosecutor proves guilt beyond a reasonable doubt), then how the heck do you think you could convince an appellate court that there was no probable cause? “Your honor, I know the fact-finder found that there was guilt beyond a reasonable doubt, but you should toss out that decision because the prosecutor’s original determination that there was probable cause was wrong.” Sorry, doesn’t work that way.

Heck, the next step after a charging decision is a preliminary hearing, in which the prosecution presents evidence (and only the prosecution - the defense may cross-examine, but does not present their own evidence), and a judge determines whether there is probable cause to proceed to trial. And you know what? Even THAT decision is not appealable. How the heck can you appeal a prosecutor’s probable cause determination, when you can or even appeal the judge’s probable cause ruling?

But sure, go on and keep insulting me and calling me a troll (or infiltrator, or whatever), because I know that a prosecutor’s charging decision is not an appealable decision.

You have offered nothing of any substance in this thread, and yet I’m the troll. Hilarious.


94 posted on 05/03/2015 8:07:16 AM PDT by Conscience of a Conservative
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