November 6, 2012 in Nation/World

High court hears case of judge’s mistake

Associated Press
 

WASHINGTON (AP) — The Supreme Court appears inclined to rule that a criminal defendant cannot be tried again after a judge acquits him midway through a trial, even if the judge bases his decision on a legal error.

The justices seemed willing during argument at the high court Tuesday to endorse the idea that a judge’s decision to acquit a defendant is no different than a jury verdict in that both are final.

The issue arises in the case of a Michigan man accused of setting fire to a vacant house. The judge stopped the jury trial and acquitted defendant Lamar Evans based on a mistaken reading of the law under which Evans was charged.

Michigan appellate courts said Evans could be retried.

© Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Get stories like this in a free daily email


Please keep it civil. Don't post comments that are obscene, defamatory, threatening, off-topic, an infringement of copyright or an invasion of privacy. Read our forum standards and community guidelines.

You must be logged in to post comments. Please log in here or click the comment box below for options.

comments powered by Disqus