This one, published yesterday, is for the paid subscribers. In it, I answer three questions:
- Would the prosecution be able to appeal a shockingly light sentence (e.g. probation for a rape), and then use the judge’s rulings for the defense as evidence of bias?
- If the prosecution asks of a witness, a question to which the defense should object, but fails (for any reason e.g. “senior moment”), let us refer to this failure as a “non-call”, and a guilty verdict is reached, is the defense afforded the opportunity to include an object to that question, on appeal? On what would it turn?
- [I]t’s one thing for a judge to be hard on a prosecutor in proving guilt beyond reasonable doubt, but a judge can also drive the verdict with his rulings on evidence, protocols and conduct, and the prosecution can’t appeal because of double [jeopardy], no?