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To: CaptRon; xzins; blue-duncan; jude24
Can you get a JNOV in a criminal trial? I know you can in a civil trial but the standard of proof is lower.

I believe that if the judge feels that the prosecution did not legally meet the burden of proof (a legal determination) then the judge can issue a JNOV in a criminal case.

The Judge cannot reverse an aquittal, but I do believe he can overturn a guilty verdict. The prosecution could then appeal the decision of the judge, but I do believe the judge has the discretion to overturn the guilty verdicts on a legal basis.

I don't do criminal law. My knowledge of criminal law comes mostly from my law school days. I did get the highest grade in my class, but that was many years ago.

840 posted on 03/06/2007 10:28:04 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe

It would be interesting to see if it's been done before.


855 posted on 03/06/2007 10:29:56 AM PST by CaptRon (Pedecaris alive or Raisuli dead)
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To: P-Marlowe; CaptRon; xzins; jude24

" I did get the highest grade in my class, but that was many years ago"

If it wasn't for guys like me you would not have had the highest grade, so quit bragging and keep billing.


890 posted on 03/06/2007 10:35:29 AM PST by blue-duncan
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