The case has been adjudicated. Flynn pleaded guilty.
Find a comparable ruling addressing sentencing and you'll have something.
Nope. Sullivan still holds jurisdiction.
Find a comparable ruling addressing sentencing and you'll have something.
Those cases are already in the DOJ's brief in support of their motion to dismiss.
There are plenty of examples of prosecutors moving to dismiss charges, and even terminate imprisonment where the prosecutors realize the defendant, convicted or not, is innocent.
I think it would be challenging to find any case where the prosecutors declared the innocence of the defendant and the judge went on to impose a sentence anyway.
The only arguments the amicus briefs can make is that the DOJ is wrong, and they should be ignored. If the Court takes that position the entire process of federal criminal litigation just changed. At that point amicus briefs would be relevant for every trial and sentencing hearing.
Do you think then that the judge lacks authority to declare a mistrial? Does he lack authority to allow a withdrawal of the guilty plea? Must the judge fail to take notice of any prosecutorial misconduct?
Suppose that a defendant had pleaded guilty to murder and the prosecution discovered that witnesses lied and that uncontestable proof existed that the defendant was innocent. Would the judge be unable to grant a prosecution's motion to dismiss?
What do you think the legal consequences are when an appeals court remands a case to a lower court? Isn't that an order to treat the case as if it has not been fully adjudicated? Do you think the judge lacks authority to do that which a higher court might order him to do?
I vaguely recall a case where a woman was convicted of killing her child with anti-freeze. I don't recall that an appeals court was involved. Instead, lawyers working for the defendant made a presentation to the prosecution team. Convinced of the innocence of the woman, I believe that the prosecution team petitioned the original court to set aside its conviction and free the woman.
Easier to get a plea changed before sentencing.
“The case has been adjudicated. Flynn pleaded guilty.”
Sorry, it has been established that the Muller team concluded within a month that there was no collusion between team Trump and Russia, yet they proceeded to intimidate and coerce Flynn into pleading guilty to a “crime” he did not commit. That in itself is a crime by the prosecution. Everything stemming from the fraudulent Mueller investigation is the fruit of the poisoned tree and should be dismissed forthwith. This is not rocket science.
By the way, for whom did you vote in the last presidential election? I voted for President Trump.