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To: patriot preacher
".... and in some cases may bar them from retrying the case."

You're speaking about the rare exception. Very rare. Almost always, a vacated verdict leads to retrial. And, as I said, appellate courts don't "clear" anyone. They (generally) only find infirmities in the trial record. In any event, a vacated verdict isn't an acquittal.

Many people, including I believe the person to whom I was originally responding, think that an appeal is a trial de novo. It isn't.

"If it’s not, and Delay were sentenced to prison, either Gov. Perry (if applicable) or the NEXT Republican President should pardon him immediately upon taking office."

Another common misconception. President's cannot pardon people who were convicted in state court. The President's pardon power extends only to offenses cognizable under federal law, as a law professor might say.

320 posted on 11/26/2010 1:48:44 PM PST by OldDeckHand
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To: OldDeckHand

Another common misconception. President’s cannot pardon people who were convicted in state court. The President’s pardon power extends only to offenses cognizable under federal law, as a law professor might say.


And as I noted, “where applicable,” I just should have placed that behind the statement of the President of the US as well. If this was tried in a State Court (I wasn’t certain whether it was a State Court IN Travis County, or a Federal Court there) then Gov. Perry DOES have jurisdiction to grant immediate Pardon. He should do so. Of course, Perry is awfully slick. Not sure he can be trusted completely. But he ought to pardon Delay if for no other reason than to just tick the Dems in Texas off — because God knows they’ve gotten away with FAR worse at the state and federal level for ages.


321 posted on 11/26/2010 6:40:40 PM PST by patriot preacher
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