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re: Could Judge Ito have ordered a directed verdict, or set aside the jury's decision?
Posted on 4/11/24 at 10:33 pm to Obtuse1
Posted on 4/11/24 at 10:33 pm to Obtuse1
California and most jurisdictions allow a criminal defendant to file a motion to set aside a conviction for certain reasons, but I’ve never heard of a motion by the prosecutor to set aside an acquittal. There would likely be Double Jeopardy issues with that. When a jury says not guilty, that’s it.
1
Posted on 4/11/24 at 10:49 pm to Twenty 49
quote:
California and most jurisdictions allow a criminal defendant to file a motion to set aside a conviction for certain reasons, but I’ve never heard of a motion by the prosecutor to set aside an acquittal. There would likely be Double Jeopardy issues with that. When a jury says not guilty, that’s it.
Correct: motion for a judgment of acquittal. I should have been more precise.
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