Why is it taking so long for the Jury to rule on #KyleRittenhouse Seems a clear cut case of innocence to me. I cant imagine how any other verdict is even a thought given the circumstances (which are largely agreed upon by both sides).

@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).

@b6hydra can't they? I'm not in Wisconsin, but here the prosecution has recourse to the appeals process, same as the defendant - the prosecutors can't appeal the jury's verdict, but they can claim the judge should have allowed certain evidence, instructed the jury differently, and so on. If they win their appeal the appellate court can order a retrial.

@freemo

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

@b6hydra

@freemo

> I corrected someone's assumption that *the prosecution can successfully appeal* if he's found not guilty.

@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

@freemo @b6hydra It looks like the circumstances in which the state can appeal are specified in Wisconsin Code 974.05.

https://docs.legis.wisconsin.gov/statutes/statutes/974/05

@sidekick

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

@b6hydra

Right. But they can say, "Your Honor, the trial judge made such egregious errors of law when <instructing the jurors>/<ruling on evidence admissibility>/<empaneling the jury>/... that the defendant stood negligible chance of conviction and was never in real jeopardy to begin with. The public interest in justice demands that your Honor order a retrial in which the errors are corrected."

@freemo

My guess is that the likeliest basis the prosecution would choose is (1)(d)2, maybe (1)(a).

@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

@freemo @b6hydra the entirety of 974.05 is about the state (i.e. prosecution) appealing, not the defendant.