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Post by dan on May 6, 2008 20:50:48 GMT -5
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Post by frankcor on May 6, 2008 22:03:56 GMT -5
I'm going to guess that the appeals court overturned the trial in such a way as to say the first trial didn't count. This wouldn't be double jeopardy. It's a do-over.
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Post by Swimmy on May 7, 2008 7:55:27 GMT -5
Because the defendant was convicted, when the appeals court overturned the conviction, the man was still in jeopardy and faced incarceration for the same crime on the same set of facts. Therefore, he was never exonerated to bring dj into play when the court ordered a new trial.
If that's acceptable, then it should also work where the defendant is aquitted but on faulty that the jury used. But in that instance, the court says dj applies and no appeal can be had.
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Post by dan on May 7, 2008 16:10:59 GMT -5
OK, that clears up my questions. Thanks for the explanation LAWYER Swimmy. :-)
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Post by frankcor on May 7, 2008 21:41:28 GMT -5
That's right, do we call you Counselor Swimmy now? Or will a simple "Your Majesty" do?
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Post by Swimmy on May 10, 2008 6:24:13 GMT -5
Supreme Galactic Being will do for the time being. But after June 16, when I'm sworn in, it will be Counselor Swimmy or Swimmy, Esq.  |
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Post by frankcor on May 10, 2008 7:00:21 GMT -5
By then it should be "Counselor Swimmy, Universal Emperor."
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