Login required to started new threads

Login required to post replies

Is this legal ruling right?
Quote | Reply
Small college town. Pres. of Student body years ago accused of rape, seemed a very strong case, but prosecutor decide not to prosecute (some say there was political motiviation behind dropping the charges) well new AG pushes to reinstate charges.

Judge just ruled AG can not reinstate charges -- see more of ruling in link.

If case was never prosecuted why can't the AG bring it back to the prosecutor (or a new one) and say hey look at this agian?

not sure I get the courts position on this.

http://www.cm-life.com/...SEpqb7FqjYUzbEjTJVMA

Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
Be kind English is my 2nd language. My primary language is Dave it's a unique evolution of English.
Quote Reply
Re: Is this legal ruling right? [DavHamm] [ In reply to ]
Quote | Reply
The court decided that the original charges could not be reinstated.

The article indicated that in order to proceed, the state would have to start over and charge him again. It is unclear whether the state can use the same evidence and same charges or if it will need to have different evidence and different charges.

I expect this is a matter of Michigan's criminal procedure and not a matter of double jeopardy. It would not appear to me that jeopardy attached on the original charges. The arguments made focused on the unusual nature of the Attorney General intervening in a local prosecutor's decision to dismiss. That intervention appeared to have taken place after an article appeared before the midterm elections. The motion to reinstate appears to have been made prior to the elections.
Quote Reply
Re: Is this legal ruling right? [DavHamm] [ In reply to ]
Quote | Reply
I know a guy who knows a guy who can care of this for you - won't cost an arm or leg neither
Quote Reply