Posted on 11/10/2021 11:20:46 AM PST by RandFan
Prosecutors can’t purposefully tank their case to get a mistrial.
If that were allowed, every prosecution going south would resort to that tactic.
I was listening to a lawyer on a radio show talk about this exact scenario. He made it sound like it can’t happen without major consequences.
A mistrial is preferred because of the possibility that the jurors would be afraid NOT to convict. There are already vague threats to the jury and people taking their picture.
Even a dismissal “without prejudice” may knock out some of the more chicken-sh*t charges if the statutes of limitations have run on them. The ones that some people thought they jury would convict on just to keep Rittenhouse from getting off scot-free.
Never heard that called a mistrial before (not that I’m a lawyer), but a dismissal. I’ve only heard ‘mistrial’ in the context of something going wrong procedurally that ruined the trial, as opposed to just a really bad state’s case.
They asked for a mistrial with prejudice from what I understand meaning he can’t be re-tried.
It also prevents the prosecution from appealing a dismissal, and getting a do-over with a new leftist judge.
“A mistrial is preferred because of the possibility that the jurors would be afraid NOT to convict. There are already vague threats to the jury and people taking their picture.”
To clarify you would want a mistrial WITH PREDJUDICE. A regular mistrial would allow the prosecution to correct all the mistakes they have made in this trial.
Ah.. thanks. That makes sense.
Me neither. I had to look it up.
Seems as if judge has sustained prosecution’s objection to defense motion for mistrial.
rittenhouse better sue the whole kit and kaboodle for this... state, feds, media for defamation... lefty, the two dead antifa estates... everyone.
then start a pod cast with nick sandmann.
That would be great.
I think it was a mistake for Kyle to go on the stand. Binger hates him personally.
Maybe that was the goal - to make fool of Binger?
Not if it’s with prejudice.
Is this better or worse then being found innocent?
He will be charged with something else pretty quick, so he had better get out of the US ASAP.
A mistrial is without prejudice. The defense has presented a stellar defense with a great judge presiding. They cannot top this and there is no guarantee of getting the same judge in a new trial. Make the motion for a directed verdict and, if that fails, let it go to jury. And if that fails, use all the errors that would have warranted a mistrial on an appeal to overturn the verdict.
They “victims” will sue him for civil rights damage
Well, he did admit to driving without a license, which will get him FBI swatted next week, because, you know, here in the BRA (Banana Republic of America) a traffic violation = domestic terrorist or something.
Although I now have serious questions about Lin Wood, wouldn’t he have had fun with this trial?
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