From Barry Gold@21:1/5 to S K on Fri Aug 20 15:53:23 2021
On 8/20/2021 9:51 AM, S K wrote:
In the Kyle Rittenhouse case, a video has emerged in which the defendant expresses a desire to shoot people he considers to be shoplifters.
This would be highly incriminating - but the presiding judge is an ultra-rightwinger who has made all motions so far in favor of the defendant.
If he disallows this video evidence - does the prosecution have any recourse?
It depends on what stage the video is introduced.
all motions to exclude evidence made before the trial starts are dealt
with before a jury is empaneled. Either side can appeal the judge's
ruling to a higher court before the trial starts.
Once the trial starts, however, things are different. The trial goes on.
If the prosecution wants to appeal the judge's ruling, they will have to persuade an appeals court to hear arguments and decide whether to order
the judge to change his ruling, all before the case goes to the jury.
I believe this to be extremely rare.
I do so have a memory. It's backed up on DVD... somewhere...