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LEBOW 1, SATZ 0

By JAABLOG

State v. Jason Stone In sum, we hold that the circuit court?s ruling granting a motion for judgment of acquittal before a jury verdict is not one that the state may appeal under section 924.07. The court?s ruling was based on the state?s failure to present evidence after being given the opportunity to do so, and not on a defect in the indictment or other ground unrelated to factual guilt or innocence. The ruling granted a motion for judgment of acquittal before a jury verdict; it was not an appealable order dismissing an indictment. To allow the state to appeal the judgment of acquittal and reverse the ruling for retrial would be to put Stone twice in jeopardy for the same crimes. Accordingly, the state?s appeal is dismissed. (Thanks to all tipsters) SS: Appeals court upholds judge on tossing murder case (Come to Steve Melnick's office THURSDAY to support and congratulate candidate Judge Susan Lebow for standing up to SAO gamesmanship all these years...continue to full post

Full post as published by JAABlog on July 28, 2010 (boomark / email).