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To: Girlene

I have to question how, if Folsom does rule that UCI was in fact evident in the prosecutions charge statements, he can allow a ruling “without prejudice” and permit a refiling.


236 posted on 06/15/2008 2:04:38 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: brityank
I have to question how, if Folsom does rule that UCI was in fact evident in the prosecutions charge statements, he can allow a ruling “without prejudice” and permit a refiling.

That's a good question. It will be hard to thread that needle, won't it?
242 posted on 06/15/2008 2:42:26 PM PDT by Girlene (Happy Father's Day!)
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To: brityank

Agreed a “without prejudice” ruling wouldn’t make much sense. If the well is poisoned, it’ll never be pure. Any new trial, sometime down the road, would have to make use of testimony and materials gathered under a UCI cloud.


243 posted on 06/15/2008 2:50:31 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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