Fri 14 Jul, 2017 02:52 pm
His conviction was overturned because the trial judge gave incorrect instructions to the jury. As a result, he will be tried again with a new jury.
Could enabling legislation be enacted to provide that the original jury be recalled, be provided with a copy of the transcript of the original trial and then be read new instructions by the judge and told to deliberate anew?
Wow-wasn't he convicted some years ago? I have no idea if the same jury can be called.
I doubt a trial court with jury could act as an appellate court. Just guessing, of course.
The plan is to re-try the case at a trial court. A do over.