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Author Topic: Man accused of shooting CCPD officers found not guilty  (Read 6169 times)

Scout26

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Re: Man accused of shooting CCPD officers found not guilty
« Reply #25 on: December 19, 2016, 02:32:09 PM »
Again, for the Legal Beagles. 

Now that the criminal trial is over, can he go after the CCPD for a 1983 civil rights violation?
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cassandra and sara's daddy

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Re: Re: Man accused of shooting CCPD officers found not guilty
« Reply #26 on: December 19, 2016, 02:34:41 PM »
Quote from: zxcvbob on December 19, 2016, 12:53:54 PM
IANAL, but if the judge throws out the case the prosecutor can try again with the ducks in a row this time; it's not double jeopardy.  Let a defective case goto a jury and have them acquit, and it's over.
Depends on how judge dismissed . With prejudice means it's over

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zxcvbob

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Re: Re: Man accused of shooting CCPD officers found not guilty
« Reply #27 on: December 19, 2016, 02:56:27 PM »
Quote from: cassandra and sara's daddy on December 19, 2016, 02:34:41 PM
Depends on how judge dismissed . With prejudice means it's over

If a judge dismisses a case with prejudice, can't the prosecutor appeal that decision?
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Scout26

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Re: Re: Man accused of shooting CCPD officers found not guilty
« Reply #28 on: December 19, 2016, 03:08:13 PM »
Quote from: zxcvbob on December 19, 2016, 02:56:27 PM
If a judge dismisses a case with prejudice, can't the prosecutor appeal that decision?

IANAL, but I'm pretty sure that the prosecution can't appeal when dismissed with prejudice (as I'm sure this case was).  The whole Double Jeopardy thing and all.   Otherwise the prosecution can simply appeal until the get the verdict they want, making the process the punishment. 
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Firethorn

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Re: Re: Man accused of shooting CCPD officers found not guilty
« Reply #29 on: December 19, 2016, 04:18:59 PM »
Quote from: scout26 on December 19, 2016, 03:08:13 PM
IANAL, but I'm pretty sure that the prosecution can't appeal when dismissed with prejudice (as I'm sure this case was).  The whole Double Jeopardy thing and all.   Otherwise the prosecution can simply appeal until the get the verdict they want, making the process the punishment. 

This case went to the jury and they came back with not guilty.  Its over for this defendant.

Who can now sue the department for various reasons, but is probably too broke. If he's lucky he'll be paid for his time in jail.
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