the judge granted a court date for reconsideration and appeal.
Please,If you can't answer the question please don't respond. When people ask question they are looking for honest answers. It don't matter what it sound like or how it is written. People seriously want a good answer.
2007-03-09 14:58:07 · 7 answers · asked by victory 2 in Politics & Government ➔ Law & Ethics
A judge can reconsider their own decisions. This is often requested, but rarely granted until significant changes in the law occur between the trial and reconsideration, or unless the defense can point out some obvious error the judge made during the trial.
Appeals take longer, and only review questions of law (not facts). But again, reversals are rare (usually under 10%).
So, yes, it's possible. But not very likely.
2007-03-09 15:01:55 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
99% of the time a judge will NOT overturn a sentence. However, if the defendant wins their appeal (on grounds other than sentencing) then the defendant doesn't have to worry about the sentence. The supreme court has stated that in order to overturn a sentence, unless it is outside what is statutorily set by the legislature, it must be undoubtedly offensive to the moral society. That's a pretty high bar to jump over.
2007-03-09 23:03:03 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
Absolutely, even if that person were condemned to death. On the day of his/her execution, they could be pardoned. It would have to come from the Governor in the state they reside.
If the judge that hears the reconsideration feels that an error has been made, he/she can reverse the charges and the sentencing could be overturned.
2007-03-09 23:04:07 · answer #3 · answered by Matthew D 3 · 1⤊ 0⤋
Of course there's a possibility, depending on the case and the procedures followed in the primary court. That's what appeals are all about, vacating or overturning a verdict because of errors in the case.
2007-03-09 23:01:39 · answer #4 · answered by bdunn91 3 · 0⤊ 0⤋
YES. Look into your state's Post Conviction Relief Act. In PA, a babykiller is now getting a new trial under this act, and may actually WIN!! He was originally sentencd to death, but got it reduced to life w/o parole. Now he gets another shot.
2007-03-09 23:06:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, the American judicial system allowes for many appeals for various reasons, so yes it can.
2007-03-09 23:02:41 · answer #6 · answered by stnj07@sbcglobal.net 2 · 1⤊ 1⤋
Possibly if the real killer confesses, however if the convicted person IS the real killer well.... don't hold your breath.
2007-03-09 23:04:25 · answer #7 · answered by james j 2 · 1⤊ 1⤋