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The Water Cooler
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Daniel Shaver shooting
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<blockquote data-quote="Dave70968" data-source="post: 3061344" data-attributes="member: 13624"><p>I hope the prosecution appeals this.</p><p></p><p>(Yes, an acquittal <em>can</em> be appealed--or, more correctly, the judge's decision to disallow evidence can be appealed. If the appellate court finds that the suppression of the evidence was improper, it can order a new trial with the evidence admitted. That doesn't violate the double-jeopardy rule; it's saying "the original trial was defective, so it didn't count.")</p><p></p><p>If nothing else, I hope the victim's estate sues the living daylights out of every officer present <em>personally</em>, as well as the city and/or PD (however that jurisdiction handles it) officially. Perhaps the DoJ can bring a criminal action against the officer as in the Rodney King case, too (again, no double jeopardy, this time because it would be different charges brought by a different sovereign).</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3061344, member: 13624"] I hope the prosecution appeals this. (Yes, an acquittal [I]can[/I] be appealed--or, more correctly, the judge's decision to disallow evidence can be appealed. If the appellate court finds that the suppression of the evidence was improper, it can order a new trial with the evidence admitted. That doesn't violate the double-jeopardy rule; it's saying "the original trial was defective, so it didn't count.") If nothing else, I hope the victim's estate sues the living daylights out of every officer present [I]personally[/I], as well as the city and/or PD (however that jurisdiction handles it) officially. Perhaps the DoJ can bring a criminal action against the officer as in the Rodney King case, too (again, no double jeopardy, this time because it would be different charges brought by a different sovereign). [/QUOTE]
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