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"The motion of the defendant is granted"
Fox News / Kenosha judge ^

Posted on 11/19/2021 1:47:28 PM PST by ctdonath2

[at timestamp 6:17] "The motion of the defendant is granted, the charges against the defendant on all counts are dismissed with prejudice, and he is released from the obligation of his bond."


TOPICS: Miscellaneous; Society
KEYWORDS: kyleisafreeman
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To: Steely Tom

“Federal Government can still bring one of their “violated civil rights” charges.”

Rittenhouse needs to immediately sue Joe Biden publicly and for a very large amount. I think that will help stave off any actions by an activist DOJ, since their actions would be viewed as tainted with conflict of interest, given that the DOJ is controlled by Biden.


21 posted on 11/19/2021 1:57:10 PM PST by PTBAA
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To: Steely Tom

And get nowhere with it.
Dementia Joe and his media hos had better get ready to be sued though.


22 posted on 11/19/2021 1:57:54 PM PST by SmokingJoe
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To: Cboldt

Thanks, I had a feeling it was something along those lines.


23 posted on 11/19/2021 1:57:54 PM PST by SaxxonWoods (“There are no rules here – we're trying to accomplish something.” -Thomas A. Edison )
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To: Tennessee Conservative
I doubt they will do that since the thugs he shot were all white.

Surely you're joking.

Not saying your name is "Shirley."

24 posted on 11/19/2021 1:57:55 PM PST by Steely Tom ([Voter Fraud] == [Civil War])
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To: ctdonath2

That was bidens second colonoscopty of the day.


25 posted on 11/19/2021 1:58:03 PM PST by exnavy (we are not a democracy.)
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To: DMZFrank

There is probably an OSHA emergency rule protecting workplace safety for rioters. And the FBI will enforce it. Along with the CIA and Capitol Police.


26 posted on 11/19/2021 1:58:28 PM PST by Mr Rogers (We're a nation of feelings, not thoughts.)
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To: ctdonath2
Not unusual at all. A verdict of acquittal is not appealable, period. Therefore, whenever a jury returns a verdict in favor of a defendant, the judge will dismiss the case and note that the dismissal is with prejudice.

That has nothing to do with the pending motions for mistrial, etc. It's simply the way you end a case when the defendant has been acquitted by a jury.

27 posted on 11/19/2021 1:58:32 PM PST by Bruce Campbells Chin
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To: ctdonath2

https://legalinsurrection.com/2021/11/rep-nadler-calls-for-federal-doj-to-consider-charges-against-kyle-rittenhouse/


28 posted on 11/19/2021 1:58:38 PM PST by Raycpa
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To: ctdonath2

Interesting.. thanks for explaining this.


29 posted on 11/19/2021 1:59:32 PM PST by GOP Poet (Super cool you can change your tag line EVERYTIME you post!! :D. (Small things make me happy))
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To: Repealthe17thAmendment

I believe there were at least two different motions filed by the defense on two different legal grounds … one with prejudice and one without. I’m sure there are legal technicalities that dictate why it’s done that way.


30 posted on 11/19/2021 2:01:04 PM PST by Alberta's Child ("All lies and jest, ‘til a man hears what he wants to hear and disregards the rest.")
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To: Lazamataz

Agree.


31 posted on 11/19/2021 2:01:28 PM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: ctdonath2

Just SOP.


32 posted on 11/19/2021 2:01:39 PM PST by bigbob
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To: Col Frank Slade

I don’t think that the verdict is why the judge “granted the motion” to dismiss with prejudice. I think he intended to send a message.

In a case where there was NO motion to dismiss with prejudice, and the defendant is found not guilty on all counts, the defendant goes free. There is no need for a separate motion.

The granting of the motion should be done on the merits of the motion itself, not because the jury reached a verdict. In other words, the judge should be ruling on the motion as if no verdict had ever occurred.

The judge could have denied the motion to dismiss with prejudice as moot, on the grounds that the verdict rendered it unnecessary. The fact that he granted it sends a message.

There may also be a very, very, low standard of review on appeal where a motion to dismiss with prejudice is made, such as “abuse of discretion”. Meaning, if that standard pertains, the reviewing court must uphold it unless it’s completely off the wall. A reviewing court applying an “abuse of discretion” standard will NOT reverse the trial court simply because the reviewing court would have come down the other way on what is a judgment call.


33 posted on 11/19/2021 2:01:52 PM PST by Flash Bazbeaux
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To: HandBasketHell
Merrick Garland can still go after him with federal charges, I believe,

Federal charges on what? Rittenhouse has plenty of reason to sue them though.

34 posted on 11/19/2021 2:02:10 PM PST by SmokingJoe
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To: ctdonath2

Very interesting language used by the Judge. He was not impressed with the prosecution at all.

Thank goodness it turned out the way it did because there would be rioting if the judge overturned the jury verdict. In fact, there will likely be rioting tonight anyway.


35 posted on 11/19/2021 2:02:11 PM PST by JerseyDvl (During times of universal deceit, telling the truth becomes a revolutionary act.)
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To: Pollard

I don’t feel Kyle will be unreasonable on any of that, because of the outcome, that took huge backing to make possible.


36 posted on 11/19/2021 2:03:05 PM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: ctdonath2

How many jurors were holding up the verdict. Does anyone know yet?


37 posted on 11/19/2021 2:03:21 PM PST by alternatives? (The only reason to have an army is to defend your borders,)
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To: Tennessee Conservative

I doubt they will do that since the thugs he shot were all white.


In addition, what do the Dems gain by actually going after him on Federal civil rights charges where the video evidence, if anything, shows the aggressors guilty of violating Rittenhouse’s rights?

And, some Dem strategist has to be at least 1% sane and tells the DOJ that under no circumstances should they do something this stupid in an election year.

The Dems will get just as much play with this whining about the outcome without having incumbents in swing districts having to defend the Brandon administration’s actions if they charge.

My 1 1/2 cents,


38 posted on 11/19/2021 2:03:37 PM PST by HombreSecreto (The life of a repo man is always intense)
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To: Col Frank Slade
I think the judges declaration makes civil suits impossible.

I hope the kid gets a few nice scholarships.

39 posted on 11/19/2021 2:03:59 PM PST by Sacajaweau ( )
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To: Raycpa

He can move and begin his young life again. There are many places that would welcome him and protect him.


40 posted on 11/19/2021 2:04:53 PM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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