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To: Cboldt

Thank you.


49 posted on 08/09/2012 11:23:01 AM PDT by Winstons Julia (Hello OWS? We don't need a revolution like China's; China needs a revolution like OURS.)
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To: Winstons Julia
My pleasure. I got the standard for reversal incorrect though. The appellate court will reverse the trial judge denial of immunity, if it (the appellate court) finds the evidence of self defense to be clear and convincing. This is less than "beyond a reasonable doubt," but more than "more likely than not."

If the state appeals a grant of immunity, the standard of review is reversed, and is what I said in my previous post to you - the appellate court must find clear and convincing evidence that the use of force was not justified, in order to push the case through to a trial.

51 posted on 08/09/2012 11:40:04 AM PDT by Cboldt
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