🎓 Doc Freemo 🇳🇱 @freemo@qoto.org

@icedquinn

I can feel twitter trying to ban you from beyond the grave at the mention of this comment....

@b6hydra @thendrix

@icedquinn

The reason is simple. Kyle took a picture with some proud boys and made the OK sign. Therefore that means he is loved by conservatives, hated by liberals. The facts of the case became irrelevant at that moment.

@b6hydra @thendrix

@sidekick

Your error is basically in the assumption that state is synonymous with prosecution.. it is not. If I sue the state I am the prosecution, state is the defendant.

@b6hydra

@sidekick

Yes it is, a state isnt always the prosecution, it can also be the defense. A state can appeal when it is the defense and found guilty. It can not appeal when it is the prosecution and the verdict is innocent.

Again appeals can only be against a guilty verdict, never against an innocent one. This is true regardless of what side the state is in the hearing.

@b6hydra

@icedquinn

LOL yea thats kinda the only way i could see the prosecution getting a win, arguing that a gun is somehow excessive force when a mob is trying to murder you.... lets hope thats not where it winds up.

@b6hydra @thendrix

@sidekick

I think you are missing the important part.. a defendant can appeal a guilty verdict but the prosecution can **never** appeal a innocent verdict.

So no the prosecution can not say that at all to make an appeal, only the defense could.

@b6hydra

@thendrix

indeed. But it should be no surprise that the core issue here is "was this self-defense".. i mean did we really need the jury to ask for those papers to glean that?

@icedquinn @b6hydra

@icedquinn

again more or less accurate as I understand it. So agreed here.

@b6hydra

@b6hydra

There is nothing i can see that would allow the prosecution to appeal an innocent verdict either. There **is** however some very clear cases where the defense could appeal a guilty verdict (and even the judge already admitted this is possible)

@sidekick

@icedquinn

more or less accurate I'd say, short of a little snark :)

@b6hydra

@icedquinn

Yea i heard that too.

@b6hydra

@sidekick

Is there a particular part of the statues you feel are relevant here?

@b6hydra

@b6hydra

guilty verdicts can be appealed after a trial and persued in a higher court. I do not think an innocent verdict can be however due to double jeopardy rules.

@sidekick

@b6hydra

a mistrial with prejudice was made as a motion on this trial. 1) the judge did not reject or accept the notion but said he would hold it for consideration 2) when a mistrail with prejudice is confirmed then there can not be a retrial or an appeal, the defendant gets off.

@sidekick

@sidekick ahh ok @b6hydra

@sidekick "can't they?" ... can't they what?

@b6hydra

@b6hydra watching the video of the events mostly tells you all you need to know. The dude was running from people trying to kill him screaming "friendly friendly friendly" and only shot once he was knocked to the ground, cornered, and people starting attacking him (including at one point having a gun held to his head).

@lucifargundam Congrats! you deserve it.