Not a lawyer, but, if this report is accurate this seems to me to be faulty thinking and a disservice to those convicted. If a person is convicted under a premise of the law and that premise is false and not what the law as written intended then to cite the cost in time, effort, and manpower seems to me to be the antithesis of justice under law in the first place.
I practice mostly federal criminal defense, in the 8th Circuit, and it’s absolutely the toughest Circuit to have any success at all on a criminal appeal, even with a very good argument. We always joke that we are waiting for a holding that says “although the video clearly showed that the arresting officers planted the evidence leading to the Defendant’s conviction, we don’t find that the Defendant was unduly prejudiced. Conviction AFFIRMED.” 😂😂😂
That’s an excellent point.