Not to pick-nits, appellate courts don't "clear" people. Appellate courts her appeals from litigants (defendants, in this case) that argue the trial judge erred in his application of law. They don't find fact, therefor they can't "clear" anyone. If the judge made no mistake(s), the verdict will unlikely be overturned. Even if it was, Delay would then put him at the mercy of another prosecution.
Succinctly put, this is bad.
Not to pick-nits, appellate courts don’t “clear” people. Appellate courts her appeals from litigants (defendants, in this case) that argue the trial judge erred in his application of law. They don’t find fact, therefor they can’t “clear” anyone.
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Small exception in Louisiana, where a court of appeal ( not court of appeals in La) can, if they wish, review the facts. Typically they do not.
Agree that this is bad. It is a BS political trial.
The essence of the case involves the state law and was it broken........
Delay, a Republican who was nicknamed The Hammer because of his heavy-handed style, was accused of conspiring to funnel $190,000 of corporate money through the Republican National Committee, which sent $190,000 in campaign donations to seven GOP candidates for the Texas House.
State law prohibits corporations from giving donations to candidates directly or indirectly.
He will win this the entire trial was a lesson in BS. The appeals court will shove it up the DA’s ass.
So can Perry pardon him? Under what law and whose jurisdiction is he being prosecuted?
Not to pick-nits, appellate courts don’t “clear” people. Appellate courts her appeals from litigants (defendants, in this case) that argue the trial judge erred in his application of law. They don’t find fact, therefor they can’t “clear” anyone. If the judge made no mistake(s), the verdict will unlikely be overturned. Even if it was, Delay would then put him at the mercy of another prosecution.
Succinctly put, this is bad.
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If the Appeals Court found that there were any irregularities committed by the Judge in the Delay case, or the Jury, or the Prosecutors or even the Defense Attorneys — or if there were facts in evidence that were NOT presented or were purposefully kept from the jury (Prosecutorial misconduct), then the Appeals Court has fairly broad authority to “set aside” or “vacate” the verdict of the trial court, which in many cases may allow the Prosecutors to retry. and in some cases may bar them from retrying the case.
I think these guys would retry if they got the chance. They have to destroy Delay now — and Travis Cty. is the place to do it in Texas. I understand Democrat corruption is deep and wide there. Delay was railroaded. If this is overturned (it probably should be), expect them to fight to destroy him. 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.