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To: GOP_Party_Animal

Some have speculated that the prosecution has blown it so badly that they are trying for a mistrial so they would get another chance. A barrister can weigh in and tell us if dismissal would be the proper thing.


349 posted on 11/11/2021 3:12:36 PM PST by doug from upland (Why the hell isn't Hillary Rodham Clinton in prison yet?)
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To: doug from upland

Yeah, that’s what I thought - a mistrial means the trial was irretrievably screwed up so they have to do it again. This would be Binger’s “do-over”. I don’t think you can declare a mistrial then close the door on another “with prejudice” but, yeah, a lawyer would be helpful to explain.


350 posted on 11/11/2021 3:22:36 PM PST by GOP_Party_Animal
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To: doug from upland
I only do civil cases but I believe the judge could end this right now by declaring a mistrial or entering judgment for the defense on the grounds the prosecution did not prove its case.

However, practicalities enter into the equation. If the judge is pretty sure the jury will acquit he may let it go to the jury for a defense verdict. It's much harder to appeal a jury verdict versus a judge's ruling on a motion. If he's wrong he can deal with it in post-trial motions.

352 posted on 11/11/2021 3:25:49 PM PST by colorado tanker
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To: doug from upland
A barrister can weigh in and tell us if dismissal would be the proper thing.

Is that, like, a coffee jerk at Starbucks?

365 posted on 11/11/2021 8:13:26 PM PST by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves Month")
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