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To: Cold Heat; Howlin

This case should be a text book appeal case and I hope they revisit it.




Name the text book.
Appeals are based on trial error...
legalities unfulfilled. This judge
has not made errors.


214 posted on 12/07/2004 9:18:02 AM PST by onyx
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To: onyx

Exactly.


227 posted on 12/07/2004 9:26:47 AM PST by Howlin (W, Still the President)
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To: onyx
It is true that judicial error is the major cause of successful appeals, but in this case there are a number of things that could come into question.

I suspect that the primary grounds for appeal will be incompetent council. The judicial mistake was to not move the trial far enough away from the murder site. Geragos tried to get it moved to LA.

If I were a betting man, I would go with the momentum and claim council was incompetent and the jury was tainted as a result of the media coverage. Geragos set this up early on when he had problems picking a jury. The record is rife with evidence of this.

I would not expect any appeal to automatically be successful, as they rarely are. But, it does happen.

It will be interesting to see what they do appeal on.

238 posted on 12/07/2004 9:31:54 AM PST by Cold Heat (What are fears but voices awry?Whispering harm where harm is not and deluding the unwary. Wordsworth)
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