Retrial is almost impossible. Appeal has a slim chance of succes

来源: rubikscube 2016-02-22 08:11:21 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (2574 bytes)
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回答: Agreed! 2 additional possible paths are:股聋2016-02-22 07:21:41

Appeal may be possible provided that Liang's attoreny preserved the issues for appeal during this trial. The most likely issue is the examination of Liang's weapon by the jury. Although the judge has discretion to allow the jury to inspect submitted real evidence to the trial, either party may object based on prejudice grounds. If Liang's defence asserted proper legal ground while objecting to the Judge's decision, they may appeal this act as an "error" .

Other than that, there have not been many errors during the trial for retrial or appeal. 

The bar for retial is much higher than that for appeal. Retrial is not conducted by a "higher court." Rather, a retrial or new trial is conducted in the same district court with a differenct panel of jurors. 

However, it is Liang's attorney's job to pick a route going forward after the final judgment is issued in April. They do not have many options.

1)Motion for a New Trial. Grounds:

a) Prejudicial error. Serious error that makes judgment unfair, such as wrong jury instructions

b) Prejudicial misconduct. Party, attorneys, jurors, etc, such as jury considers evidence excluded at trial

c) Judgment against weight of evidence

d) Newly discovered evidence

e) Excessive or inadequate damages

2) Motion to Set Aside Judgment. Grounds:

a) Mistake, inadvertence, or excusable neglect (within a year)

b) New evidence undiscoverable at time of trial (within a year)

c) Fraud, misrepresentation, or misconduct by opposing party (within a year)

d) Judgment is void

3) Appeals

Look at potential errors on questions of law, not questions of fact. For example, 梁的手指在扳机上这个 fact is not reviewable on appeal.

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