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To: NormsRevenge

Bittersweet — though MS-13 is a mean, wicked, evil thorn in the side of the US, and I do not weep a drop to see them canned, do we really need judges who order jurors what to think concerning questions of fact? That sounds like a new one on me, even given increasing concerns over judicial activism. Plus as a matter of law it opens up a hole for an appeal and an opportunity for an appeals court to further open up a can of worms.


2 posted on 08/30/2011 5:52:31 PM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: HiTech RedNeck

He’s willing to let a higher court overrule this mess if they want, in the meantime , they are off the street..

I wouldn’t worry about appeals, there’s no death penalty here or anytime soon,, the ones that weren’t murderers will probably be released early anyway.. deported? we’ll see who’s in office then.


5 posted on 08/30/2011 5:59:08 PM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard .. Obama: Epic Fail or Bust!!!)
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To: HiTech RedNeck

>>Bittersweet — though MS-13 is a mean, wicked, evil thorn in the side of the US, and I do not weep a drop to see them canned, do we really need judges who order jurors what to think concerning questions of fact? That sounds like a new one on me, even given increasing concerns over judicial activism. Plus as a matter of law it opens up a hole for an appeal and an opportunity for an appeals court to further open up a can of worms.<<

Don’t kvetch too much.

Any legal line of reasoning has to have a foundation. A judge can find, as a matter of law, that a line does not have sufficient facts to support the foundation of the line of reasoning. “Hey, my client was distracted by a blue tunafish flying by him” isn’t a valid legal argument unless you can lay down a reasonable factual basis.

Otherwise, counsel (on either side) could just slap anything that comes into their imaginations onto the Jury and then say “it is a question of fact.”

Very VERY few appeals are granted. Appeals are not a “redo.” They are extremely technical arguments about points of law only.

It is highly unlikely an appellate court will overturn this decision since the Judge decided (probably accurately) there was no foundation.


6 posted on 08/30/2011 6:04:02 PM PDT by freedumb2003 (Herman Cain 2012)
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