Who Can Appeal a Trial Court Dismissal

Reply Sun 9 Oct, 2016 03:30 pm
Who can appeal a trial court dismissal?

I just read of a case where a group of 18 men were charged with conspiring to murder three people.

The District Court initially dismissed the indictments, but the dismissal was unanimously reversed by the Supreme Court upon appeal. The trial then proceeded.

I had thought that when the defendant wins in the trial phase, that the legal process is over and that the defendant is therefore not guilty and goes free.

What is the truth of the matter?
Reply Sun 9 Oct, 2016 03:43 pm
What's the case? 'Cause I bet it was not a dismissal (the press often shortens stuff like that, and the news ends up becoming really misleading).
Reply Sun 9 Oct, 2016 03:50 pm

Thank you.

United State v. Price

In United States v. Price, eighteen Ku Klux Klan members were charged with murder and conspiracy for the deaths of James Chaney, Andrew Goodman and Michael Schwerner, but the charges were dismissed by the trial court. A unanimous Supreme Court, which included Black, reversed the dismissal and ordered the case to proceed to trial. Seven of these men, including fellow Klansmen Samuel Bowers, Cecil Price and Alton Wayne Roberts were found guilty of the crime; eight of them, including Lawrence A. Rainey, were found not guilty; and three of them, including Edgar Ray Killen, had their cases end in a mistrial.
Reply Sun 9 Oct, 2016 04:10 pm
Ah, that's one where a civil rights matter (possibly right to a fair trial, not sure without reading more closely) got Federal jurisdiction involved. You're right that usually dismissals end the whole thing, but a lot of these 1960s-era dismissals weren't law-based at all; they were one Klansman doing a favor for another.
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