Alec Baldwin's Involuntary Manslaughter Case Dimissed In The Middle of The Trial and Canot Be Filed Again.

[meaner gene]

Completely different scenario. You have a gun in your hand, YOU are supposed to check if it is loaded before pointing it at someone and then pulling the trigger.

BTW ... Baldwin still denies that he pulled the trigger!

Completely different rules apply on a movie set.
Only a certified licensed professional is allowed to prepare or check the weapons.

 

[Missourian]

I disagree, he pointed a gun directly at another human being and pulled the trigger.

That was unnecessary for the camera, too.

On a movie set.

 

[meaner gene]

So what do you do if someone hands you a shotgun with a closed bolt or breach? Do you just toss it aside or point it at another human and pull the trigger? If you do, you should never handle another firearm again. As for dreadful gun stats--do you think not holding a suspect responsible in an obvious firearms violation is going to make those stats better?

Here's a situation. Actor on a movie set is handed a time bomb with 30 seconds on the clock, and told to cut the red wire before it counts down to 1 second.
He drops the wire cutters. What should he do with the bomb?

 

[JoeB131]

They should appeal as long as it takes to get a non-biased court. Scummy, EVIL bastard that he is...

There's really no grounds for appeal. This is major league police/prosecutorial misconduct.

 

[EvilCat Breath]

Yes it is. The judge dismissed the case with prejudice. Judicial decisions are always appealable.

With prejudice is prejudice to the prosecution. The case cannot be refiled.

 

[StatesRightsForever]

Actually that only applies to errors in law, not to an error of a fact determination.

Prosecutors cannot appeal a judge's dismissal unless that dismissal was due to a misapplication of the relevant law. This would be something like the judge ruling that the law in question was unconstitutional or ruling that the indictment against the defendant didn't state a cause of action when it did.

There's really no grounds for appeal. This is major league police/prosecutorial misconduct.

Of course there is grounds for appeal. Every time a DA makes a mistake doesn't mean the case is dismissed with prejudice. This "error" was not essential to the case at all. The judge took a bribe. They all do.

 

[StatesRightsForever]

With prejudice is prejudice to the prosecution. The case cannot be refiled.

Yes it can. If an appellate court says the judge was wrong in dismissing the case with prejudice.

 

[0311]

A new twist on "both sides do it"?

Fuck the fuck off. It was ReNaziKlans and MAGA MAGGOTS that the Capitol Building.

 

[EvilCat Breath]

Actual guilt or innocence has nothing to do with the dismissal. The case was dismissed due to egregious prosecutorial misconduct.

 

[The Duke]

On a movie set.

So?

 

[JoeB131]

Of course there is grounds for appeal. Every time a DA makes a mistake doesn't mean the case is dismissed with prejudice. This "error" was not essential to the case at all. The judge took a bribe. They all do.

Nope. No judge is going to allow this case to be refiled after this level of prosecutorial misconduct.

Yes it can. If an appellate court says the judge was wrong in dismissing the case with prejudice.

except no appellate judge is going to reward prosecutorial misconduct like this.

 

[StatesRightsForever]

Charge baldwin with murder. Why did he point a gun and thumb back the hammer and pull the trigger at someone who was not in the movie.?

 

[The Duke]

Fuck the fuck off. It was ReNaziKlans and MAGA MAGGOTS that the Capitol Building.

GTFOH

 

[JoeB131]

Actual guilt or innocence has nothing to do with the dismissal. The case was dismissed due to egregious prosecutorial misconduct.

The problem is, the whole case was prosecutorial misconduct.

This charge never should have been brought.

 

[JoeB131]

Charge baldwin with murder. Why did he point a gun and thumb back the hammer and pull the trigger at someone who was not in the movie.?

Because the director told him to.

 

[EvilCat Breath]

Yes it can. If an appellate court says the judge was wrong in dismissing the case with prejudice.

No. The case is not only not appealable, but jeopardy has attached so it's a done deal.

 

[meaner gene]

Yes it can. If an appellate court says the judge was wrong in dismissing the case with prejudice.

Only if he made a mistake in law.

 

[Concerned American]

It was ReNaziKlans and MAGA MAGGOTS that the U.S. Capitoil Building Jan 06. It is ReNaziKlans and MAGA MAGGOTS that believe in violence.

BLM/Antifa, no violence there. Chicago on any given weekend. Detroit, same; Baltimore, Philadelphia, DC, Oakland, NYC? Sure those are republican strongholds, eh? Moron.

 

[meaner gene]

No. The case is not only not appealable, but jeopardy has attached so it's a done deal.

The jury was picked. That's when jeopardy attaches.

 

[The Duke]

The problem is, the whole case was prosecutorial misconduct.

This charge never should have been brought.

Aw crap, I think JoeB131 is actually right about this.

Not that the case shouldn't have been brought, but there was prosecutorial misconduct.