R.I.P. Scout26
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
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.