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To: Cboldt
>>Regardless of which way the “Dennis hearing” goes, the case can be appealed.<<

Thanks, Cboldt, for your expert opinion. Doesn't sound right to me, but I do believe you. In a trial, once you are found “not guilty,” it's over. Should be the same with the Dennis hearing, don't you think?

If the Dennis hearing is appealed, would they postpone the trial until it is over? GZ could be an old man by the time this is all over.

34 posted on 06/11/2012 11:50:42 AM PDT by Aunt Polgara
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To: Aunt Polgara
-- In a trial, once you are found "not guilty," it's over. --

In a trial, once you are found innocent by a jury, it is only (almost) over. If found guilty, defendant has an absolute right to an appeal, period, so a finding of guilt by a jury is not automatically "the end." Defendant has a time certain within which to appeal, and after that time runs, it is over.

Generally, defendant can't argue that the jury misread the evidence, but they can cite errors of law such as unqualified experts, evidence that should have been suppressed, etc.

If it is impossible to reach the trial result on the evidence, the trial result can be overturned as "clear error." But for that to happen, there must be an absence of evidence on some critical point, and by absence, I mean to include that which can be inferred from direct evidence, as well as the direct evidence.

The reason Zimmerman can appeal an adverse finding at the Dennis hearing is an artifact of the law - immunity from trial is meaningless if he has to stand trial in order to get a right to appeal. BTW, I see you asked about the remedy for Zimmerman being jailed on account of what Lester took as Shellie's lies and Zimmerman's silence. There is no remedy, as far as I can see. The time to protest is immediately after the decision, because once June 29th rolls around and Zimmerman is freed or given bail, the issue is moot. Judges have absolute immunity, short of taking bribes to throw cases. Even if Lester's order is clear error, Zimmerman won't have money damages for being out of work, etc.

-- If the Dennis hearing is appealed, would they postpone the trial until it is over? --

Yes. An appeal would stay the trial action. The results of the Dennis hearing aren't final until after an appeal is decided, and even then, the loser at appeal might choose to petition the FL Supreme Court to hear the case. There is no right to that step, but there is a right to ask for it.

40 posted on 06/11/2012 12:16:33 PM PDT by Cboldt
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