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View Diary: Bad news for DeLay (133 comments)

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  •  That's My Question Too--Can a Prosecutor (none)
    appeal the dismissal of a charge?

    We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy....--ML King, "Beyond Vietnam"

    by Gooserock on Mon Dec 05, 2005 at 03:14:54 PM PST

    [ Parent ]

    •  Yes he can (none)
      Double jeopardy prevents the prosecutor from appealing a not guilty verdict, or from appealing some dismissals that occur during the later stages of proceedings, but a pre-trial dismissal based on a purely legal issue is definitely appealable.

      That's not to say that I would expect an appeal, since the remaining charge probably gives the prosecutor most or all of what he's after.  Sometimes you take your best shot and then you move on.

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