They have to power to overrule lower courts which is not a new trial but vacating and remanding a verdict. Watching him being executed by a raging cop make me sick inside knowing that so many people in power have tried to protect the cop.
You'd have to be a complete fool to come to any other conclusion.
You're correct and I was mistaken, however, the AZ Court of Appeals can review the case which I hope they do.I don't think that's right. Even the Supremes can't vacate or overturn a lower court criminal acquittal. Even in cases of prosecutor misconduct or blatant errors by the judge a criminal acquittal stands. Only civil verdicts and convictions can be overturned/vacated.
You're correct and I was mistaken, however, the AZ Court of Appeals can review the case which I hope they do.
That's the sad thing about a not guilty verdict which means that an attorney hell bent on getting a someone off can do whatever it takes to achieve that goal.Any review they did would be limited to the conduct of the judge and attorneys only. If they find some glaring errors they can then sanction or possibly suspend those people, that's it. Even if they reviewed the verdict (they won't) and came up with a different finding like "of course it was murder you numbskulls, the cop should be hung" (they can't) the acquittal stands. Period. The family of the victim can go after the cop or city in a civil case and they probably will. Acquittal in a criminal trial doesn't provide immunity from civil suits.
They have to power to overrule lower courts which is not a new trial but vacating and remanding a verdict.
Watching him being executed by a raging cop make me sick inside knowing that so many people in power have tried to protect the cop.
You seriously couldn't have set this poor guy up to fail any better.
Disbanding the cop unions would be a great start. They have erected a system that protects bad cops from consequences. And a special prosecutor when it is time to prosecute cops. Prosecutors are reluctant to go after the people they require to get convictions.
I'm sure there are other charges that can be drummed up. Whether the political will is there, who knows.
It just is so strange to me that this is the quality of policing we accept in this country.
Whatever happened to the minnesota case where the australian woman was shot by the "scared" cop?
If a person receives a not guilty verdict that cannot be overturned, however, the victim can pursue a civil suit ala OJ Simpson style. Many of us feel like the cop deliberately executed the victim and a reasonable jury of peers most likely will feel the same way about it.Please explain further, what do you mean by "vacating and remanding a verdict"? I apologize in advance but I am rather ignorant concerning legalese. From everything that I understand he can't be brought up on charges for his murder again, period. Except maybe on federal charges of violating his civil rights?
If a person receives a not guilty verdict that cannot be overturned, however, the victim can pursue a civil suit ala OJ Simpson style. Many of us feel like the cop deliberately executed the victim and a reasonable jury of peers most likely will feel the same way about it.
In cases where the law permits for an appeal of a verdict a higher court can review the lower court proceedings, as is the case with the court of appeals and the supreme court, and if they find errors that have resulted in the wrong judgement they have several options.
Vacating is when a higher court determines that the lower court's judgement is completely wrong so they invalidate its ruling. They can replace it their own or they can remand it back to the lower court for further consideration based upon their discovery of errors. This has happened many times forcing the lower court to review and reissue a sentence. I was blown away by some of my case studies surrounding CARB and the EPA that were ruled to not violate the supremacy clause..
This is one of those unintended consequences of common law and I hope that a civil suit will provide the family with equitable remedy. Can you ever really accomplish this with a death?Vacating a sentence or invalidating a ruling can only happen with guilty sentences from my very short research on the topic. I do know that they can sue him which I believe they already have, unfortunately I'm sure that he doesn't have much and I'm not sure what percentage a court is willing to garnish from him. I know they will go to 50% for child support so I hope that it is at least that much in his case. OTOH they will almost surely get a hefty settlement from the city.
Please explain further, what do you mean by "vacating and remanding a verdict"? I apologize in advance but I am rather ignorant concerning legalese. From everything that I understand he can't be brought up on charges for his murder again, period. Except maybe on federal charges of violating his civil rights?
I couldn't agree more, the entire situation was as fucked as it could possibly be. From the entire "simon says" bullshit all while shouting at him that he's going to kill him to the part where the guy is literally sobbing, begging not to be shot, and the guy blasts away with his rifle while he is on his freaking hands and knees. Not to mention the fact that the lady's unsearched purse was between him and the cops making him crawl over it is just a horrible idea if they really are bad guys.
You seriously couldn't have set this poor guy up to fail any better.