>> a Tennessee Court of Appeals threw out a first degree murder conviction. Grounds were that the judge failed to act as the 13th juror in allowing the case to go to the jury.
O’Mara presented similar cases to Nelson when he argued for VOA. I don’t recall the 13th Juror terminology in his, but they were, similarly, verdicts overturned in appeal because judge should have issued a directed verdict. I believe they were Florida cases, but I’m not certain of that.
Freeper CBoldt (I think) pointed out that in case of mistrial, that might be O’Mara’s next step. There’s no verdict to appeal in a mistrial, but the denied VOA could be appealed immediately. IANAL and all that.
“I don’t recall the 13th Juror terminology....”
Judge: “Overruled!”
O’Mara: “Your honor the case ....”
Judge: “Overruled!!! We only have 6 jurors,
so that case does not apply. Now sit DOWN!”
If Zimmerman is found not guilty on all charges, then it doesn't matter. If he's convicted, then those issues can be raised on appeal because they were raised in trial court. If O'Mara/West didn't raise the issues in trial court, appeals court won't even look at them.