CatSnoutSoup
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Probably not this time, but I do feel the wind shifting.But this is just a small district court. Does it hold any weight when applied on higher courts?
Wait, isnāt that the very definition of double jeopardy? I didnāt read the article or course, but if a dude is found not guilty, since when can the state appeal?It's a federal district court, which means that right for now this one defendant has had one charge dismissed. The DOJ will no doubt appeal this district to the federal Circuit Court of Appeals which the district is within in. In this case the appeal will go to the 10th Circuit Court of Appeals (10CA) and be heard there.
I believe double Jeopardy you can't be tried for the same crime twice, He was never tried for the crime, the charge was dismissed without prejudice and can be brought backWait, isnāt that the very definition of double jeopardy? I didnāt read the article or course, but if a dude is found not guilty, since when can the state appeal?
It's a federal district court, which means that right for now this one defendant has had one charge dismissed. The DOJ will no doubt appeal this district to the federal Circuit Court of Appeals which the district is within in. In this case the appeal will go to the 10th Circuit Court of Appeals (10CA) and be heard there.
lol ive been eyeballing an frt, better than an MG
Means a lot of mg collectors are gonna form like voltron to f*** us@pastera what does this mean
The concept that "not everyone has a machine gun" is completely ruined by the proliferation of Glock switches. I would even argue that they are in common use now due to that proliferation. I do note how the ATF realizes they are powerless to stop them, but then will go hard after the FRT.
Since it has to do with a federal law and not state law, would a circuit decision be applicable to the whole country (until/unless picked up by SCOTUS)?
ā¦ If two Circuits decide similar or identical cases differently, that sets up a Circuit split. That's when a case is most often going to be accepted by the Supreme Court. Their decision is binding across the US and territories.
When President Trump was in office, Democrat appointed judges started issuing "nationwide" injunctions which was not AFAIK done previously. Since Biden has wandered into the WH, Republican appointed judges have started doing it too. I still don't like it, but the Democrats like it even less, so I'll live with it.
Double jeopardy does not apply if an indictment is dismissed prior to the swearing in of a jury at trial.Wait, isnāt that the very definition of double jeopardy? I didnāt read the article or course, but if a dude is found not guilty, since when can the state appeal?
Yeah, thanks for reading the article for me. I assumed it was a trial. Itās still a good sign even though it wonāt matter in the long run.Double jeopardy does not apply if an indictment is dismissed prior to the swearing in of a jury at trial.
Charged dismissed, no not guilty finding. Also you can be charged for the same crime - sort of - twice. Potentially state and federal if they get involved.Wait, isnāt that the very definition of double jeopardy? I didnāt read the article or course, but if a dude is found not guilty, since when can the state appeal?
Interesting that the Appeals Court may be stuck with the record made by the USA in the District Court though.It's a federal district court, which means that right for now this one defendant has had one charge dismissed. The DOJ will no doubt appeal this district to the federal Circuit Court of Appeals which the district is within in. In this case the appeal will go to the 10th Circuit Court of Appeals (10CA) and be heard there.
A circuit split does not automatically mean that SCOTUS will grant cert. With MG's being the 3rd rail of the 2nd Amendment, I see SCOTUS allowing splits to stay the status quo for Machine Gun challenges as it's politically expedient for them to do so.District decisions are only binding in the district. Circuit decisions are only binding in the Circuit. If two Circuits decide similar or identical cases differently, that sets up a Circuit split. That's when a case is most often going to be accepted by the Supreme Court. Their decision is binding across the US and territories.
I always chuckle to myself about switches.The concept that "not everyone has a machine gun" is completely ruined by the proliferation of Glock switches. I would even argue that they are in common use now due to that proliferation. I do note how the ATF realizes they are powerless to stop them, but then will go hard after the FRT.
A circuit split does not automatically mean that SCOTUS will grant cert. With MG's being the 3rd rail of the 2nd Amendment, I see SCOTUS allowing splits to stay the status quo for Machine Gun challenges as it's politically expedient for them to do so.