They likely won’t win, even on further appeal. The trier of fact, in this case the jury, decides what facts are worthy of belief and weight, and their findings won’t be overturned on appeal abuse of discretion, proof of prosecutorial misconduct (concealing evidence from the defense) or newly discovered evidence. Since the defense knew about the evidence but couldn’t get it in, it won’t enter into the court’s decision absent the above abuse of discretion.
Colonel, USAFR
that’s “absent” abuse of discretion...
Thank you for the clarification of the process.
If you read the appeals opinion, you will find that the 3-justice panel was limited in addressing certain aspects given prior rulings of the 5th circuit. The new appeal has requested a full en banc review. Hopefully, those issues will be addressed in full (and the findings in favor of the border agents).
One can hope, anyway.
As a Mouth Piece, you know that's BS. The judge controlled what "evidence" was allowed, and thereby, the verdict. Thanks for showing us what you're made of.
“The trier of fact, in this case the jury, decides what facts are worthy of belief and weight, and their findings won’t be overturned on appeal abuse of discretion, proof of prosecutorial misconduct (concealing evidence from the defense) or newly discovered evidence. Since the defense knew about the evidence but couldn’t get it in, it won’t enter into the court’s decision absent the above abuse of discretion.”
If it was not entered into evidence, the jury did not hear it to weigh it.
Pres. Bush should remember his original motto: Compassionate Conservatism...All we have seen is a bit of conservatism here and there along with a smattering of compassion...If you want to do something that is really coompassionate you should pardon Ramos and Compean...Don’t wait for the Courts to overturn their case- it isn’t going to happen...
But we don’t think you will..and so this will end the Bush era of politics...in like a lion cub...out like a pussy...