54
votes
Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?
Nobody has ever tried this argument before because most people are not so foolish as to overlook the fact that the Constitution (Article I, Section 3, Clause 7) explicitly provides for the possibility ...
- 38.8k
35
votes
Accepted
If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?
In the US, the prohibition against double jeopardy provides a hard restriction against re-trial and appeal of an acquittal. The government cannot appeal an acquittal (U.S. v. Sanges, 144 U.S. 310, ...
- 216k
33
votes
Accepted
Was the recent ruling against Jordan Peterson an infringement of his free speech?
Everyone agreed that the decision of the College of Psychologists of Ontario impacted Peterson's freedom of expression. The College's decision itself said this. The question was whether the College ...
- 65.7k
28
votes
Accepted
Are there downsides to appealing?
The main downsides of appealing are:
If you want to postpone collection of a money judgment against you while the appeal is pending, you have to post a bond sufficient to pay the judgment in full ...
- 230k
27
votes
Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?
It is the first time
Currently, there were 4 impeachment trials of presidents:
Johnson in 1868, over longstanding arguments
Clinton in 1998/99, over an affair
Trump in 2019/20, over interference with ...
- 43.1k
20
votes
Accepted
Can a previously binding precedent be overturned based on its rationale being outdated?
An "outdated rationale" is one factor to be considered when overruling precedent.
Yes. Precedent relies on respect for the principle of stare decisis, the idea that courts should stand by ...
- 61.4k
19
votes
Accepted
When lords were tried by the House of Lords, where could they appeal to?
Short Answer
There were 30 House of Lords convictions of peers resulting in a punishment for the peer (in 29 cases a death sentence, and in the one final case, in 3 months of imprisonment) from 1499 ...
- 230k
18
votes
Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
canada
What should have happened
Jurors will be instructed along the following lines (Model Jury Instructions, 8.4 - Outside Information):
The only information that you may consider is the evidence ...
- 65.7k
17
votes
Accepted
Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
It is an almost-universal rule that a juror cannot testify to impeach a jury verdict. FRE 606 says
A juror may not testify as a witness before the other jurors at the
trial...
During an inquiry into ...
- 216k
17
votes
Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?
Question
Is a US state's revocation of a business license not being federally
appealable codified somewhere, or is there simply no law saying it can
be?
Answer
Overview
The way that the federal ...
- 230k
17
votes
Are there jurisdictions where an uninvolved party can appeal a court decision?
In Canada, in non-criminal proceedings, a non-party may appeal if that non-party could have been a proper party in the initial action. The non-party seeking to appeal must show that:
its interest was ...
- 65.7k
15
votes
How common is detention pending appeal?
Detention in prison pending appeal is the overwhelming norm.
Allowing a person convicted of a crime to be released pending appeal while posting a bond and being subject to bond conditions is the ...
- 230k
13
votes
Accepted
Did the House of Lords hear appeal cases in the main Lords’ chamber of Parliament?
https://www.supremecourt.uk/about/appellate-committee.html
Before the second world war, the Law Lords used to hear appeals each day in the chamber of the House of Lords.
After the House of Commons ...
- 65.7k
13
votes
Is a judge's completely arbitrary determination of credibilty subject to appeal?
First: see How is a judge to evaluate a witness's credibility?
Appealability of credibility findings is extremely limited
A fact-finder's determination of credibility is not an appealable issue ...
- 65.7k
12
votes
Accepted
Can errors in a Judge's decree allow the appealing party to appeal after the appeal time has elapsed?
No.
Generally speaking, the deadline to appeal a decision is jurisdictional.
The exact details of the rules differ depending upon the jurisdiction in which the case was conducted. Colorado's rules are ...
- 230k
12
votes
Accepted
Why did US v. Assange skip the court of appeal?
The decision which Assange sought to appeal, United States v Assange [2021] EWHC 3313 (Admin), was a decision of a divisional court of three judges. That is because s 26 of the Extradition Act 2003 ...
- 9,306
11
votes
Accepted
What if a juror admits to having disregarded a judge's faulty instructions?
Short Answer
Statements of jurors about their deliberations are not allowed to be considered for any purpose, subject to very narrow limitations which do not apply in the fact pattern you are asking ...
- 230k
11
votes
Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
new-south-wales
The verdict stands
An appeal may be made to overturn a conviction and declare a mistrial where there is evidence of juror misconduct. Where this emerges before the verdict, the juror ...
- 218k
10
votes
What happens if a judge renders a wrong verdict by misinterpreting the law?
You file an appeal.
In federal courts, the procedure is governed by the Federal Rules of Appellate Procedure, and the process begins with filing a notice of appeal under Rule 4. The process is fairly ...
- 61.4k
9
votes
Is Trump now a felon even if he appeals?
Yes
Common law jurisdictions allow a sort of legal time travel.
Right now, Trump is a felon. If he succeeds in his appeal he will not be a felon and he never was one. However, at the time I said he ...
- 218k
8
votes
Accepted
Legal remedies if a lower court ignores stare decisis?
The alternative is the same whether just one lower court or many lower courts ignore SCOTUS precedent. An aggrieved parts will appeal the lower court ruling, and the matter will work its way up the ...
- 216k
8
votes
Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
Rather than inquiring into what the jury actually did (except in very narrow exceptions identified by user6725), courts in common law countries reviewing convictions on appeal review the evidence that ...
- 230k
8
votes
Accepted
Does being overturned on appeal have consequences for the careers of trial judges?
canada
The mere fact of being frequently overturned on appeal would only have reputational consequences and secondary effects on career advancement (not suggesting these are minor effects).
But being ...
- 65.7k
8
votes
Accepted
Why did Jack Smith concede federal DC circuit appeals court has jurisdiction over Trump immunity claims when he could've relied on SCOTUS precedent?
Trump’s brief says the following about appellate jurisdiction:
The district court's decision constitutes a “final decision” under 28 U.S.C. § 1291 and the collateral-order doctrine. See Cohen v. ...
- 9,306
8
votes
Accepted
Can you cite parts of a case if the core issues in the case were later overruled?
united-states
Can I cite the decision for the purposes of Issue S alone, even though
the overall decision was overruled?
Yes. This is done routinely, even by the courts themselves in their opinions.
...
- 230k
7
votes
Accepted
Is it error of law to judge on less relevant case law when there is much more relevant one?
On an issue of pure law, an appellate court decides if the trial judge got it right or wrong from scratch, and if there is a case that is a better match than the one that the judge used that leads to ...
- 230k
7
votes
Accepted
Federal judge sets aside jury verdict
This is a Federal court decision
There are no state courts involved.
This was a ruling by the presiding judge of the original trial
There is no appeal involved because the case wasn't final.
This is a ...
- 218k
7
votes
Can errors in a Judge's decree allow the appealing party to appeal after the appeal time has elapsed?
can errors in a decree by a district Judge allow appealing party to appeal past the normal appeal period?
Errors that you claim a judge has made are the reason to allow you to appeal in the first ...
- 28k
7
votes
If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?
canada
In Canada, Attorneys General are limited in the grounds on which they may appeal an acquittal: the appeal must be based on a ground of law alone. See Criminal Code, s. 676(1)(a):
The Attorney ...
- 65.7k
7
votes
Why did US v. Assange skip the court of appeal?
The High Court can certify a matter as warranting consideration by the Supreme Court as a "leapfrog appeal." See Practice Direction and Part II of the Administration of Justice Act 1969. The ...
- 65.7k
Only top scored, non community-wiki answers of a minimum length are eligible