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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 ...
phoog's user avatar
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35 votes
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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, ...
user6726's user avatar
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33 votes
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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 ...
Jen's user avatar
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28 votes
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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 ...
ohwilleke's user avatar
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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 ...
Trish's user avatar
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20 votes
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Can a previously binding precedent be overturned based on its rationale being outdated?

An "outdated rationale" is one factor to be considered when overruling precedent.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 ...
bdb484's user avatar
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19 votes
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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 ...
ohwilleke's user avatar
  • 218k
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 ...
Jen's user avatar
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17 votes
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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 ...
user6726's user avatar
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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 ...
ohwilleke's user avatar
  • 218k
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 ...
ohwilleke's user avatar
  • 218k
13 votes
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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 ...
Jen's user avatar
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12 votes
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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 ...
ohwilleke's user avatar
  • 218k
12 votes
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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 ...
sjy's user avatar
  • 9,188
11 votes
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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 ...
ohwilleke's user avatar
  • 218k
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 ...
Dale M's user avatar
  • 211k
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 ...
bdb484's user avatar
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8 votes
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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 ...
user6726's user avatar
  • 215k
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 ...
ohwilleke's user avatar
  • 218k
8 votes
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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 ...
Jen's user avatar
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8 votes
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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. ...
sjy's user avatar
  • 9,188
7 votes
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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 ...
ohwilleke's user avatar
  • 218k
7 votes
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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 ...
Dale M's user avatar
  • 211k
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 ...
Greendrake's user avatar
  • 27.6k
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 ...
Jen's user avatar
  • 57.3k
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 ...
Jen's user avatar
  • 57.3k
7 votes

Does being overturned on appeal have consequences for the careers of trial judges?

united-states Does being overturned on appeal have consequences for the careers of trial judges? In general no. Indeed, federal judges serve for life. And, judges in some state courts serve for life,...
ohwilleke's user avatar
  • 218k
7 votes

Are there downsides to appealing?

Institutional and public-interest litigants may decline to appeal an adverse decision for strategic reasons, including: waiting for another lower court to potentially decide in their favour on the ...
Jen's user avatar
  • 57.3k
7 votes
Accepted

What did it mean to be “declared infamous”?

Infamy was a declaration that generally stripped a person of his legal status. This could include a loss of rights to contract, to testify in court, to vote, to serve in the military, to speak in ...
bdb484's user avatar
  • 60.4k
6 votes
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Do judges get penalised when their decisions are quashed by a higher court?

Yes it affects them. Judges are pursuing their vocation as a career and there are career paths within the judicial system just as there are in every other career. Screw up too many times and your ...
Dale M's user avatar
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