Posted on 05/01/2015 6:14:46 PM PDT by FR_addict
Vindictive prosecution is a term of art, which refers to situations where the accused defendant exercises his to her legal right, and the prosecution brings charges (or brings more serious charges than were already brought) as revenge for the defendant’s exercise of their legal rights. That is inapplicable here. It is a form of Constitutional error (a 14th Amendment violation - denial of due process).
So, my point remains - (1) absent a Constittutional violation, a prosecutor’s charging decision is not appealable, and (2) there is no appealable Constitutional violation in the prosecutor’s charging decision here.
The heartland resists being educated; its too busy working to learn.
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