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Originally Posted by VO #23
Yep. Surely the defence will try and appeal this, but there would have to be a pretty major error in law for leave to appeal to be granted. The jury's emotions have nothing to do with it - we only have to worry if the judge screwed something up. And his tossing of the computer evidence shows that he took a pretty even-handed and careful approach to this stuff.
The judge's erring on the side of caution with his ruling on evidentiary issues could be what saves this case from a retrial. Now wouldn't that be ironic?  |
Contrary to popular belief, appeals are not an automatic way for guilty parties to get out of their crimes on technicalities. The vast majority of appeals end in failures. Not going to get into the legal test, but the appeal judges cannot overturn a finding a fact unless it's pretty far out there.