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To: Spunky
The defense lawyer has to try to convince the Superior Court Judges that something went wrong in the original trial and that is why a guilty verdict was found.

The jury has decided the facts of the case. The appeal can only question whether the evidence was legally obtained and the trial properly conducted.

321 posted on 08/21/2002 11:39:44 AM PDT by js1138
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To: js1138
The appeal can only question whether the evidence was legally obtained and the trial properly conducted.

There can be other reasons for an appeal.

I know a person who on the first trial it was a hung jury. The second trial the jury found that person guilty. The defense lawyer filed an appeal based on the fact that he (the lawyer)failed to put a witness on his witness list for the second trial that was on the witness list for the first trial. This witness was important for the defense. The Superior Court did not overturn the guilty verdict based on this reason. They said there was no evidence that was the reason the jury came with a guilty verdict the second time, because in the second trial the lawyer also never put the accused on to testify which he did in the first trial.

388 posted on 08/21/2002 11:57:14 AM PDT by Spunky
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