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Appeals

Discussion in 'Criminal Procedure, Criminal Court' started by curious111, Aug 12, 2021.

  1. curious111

    curious111 Law Topic Starter New Member

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    Can this be appealable to a higher court: The Judge had developed a preconceived impression/demeanor of the accused during the trial which might have played a part on his bias judgemenent .(excuse the wordings as i do not have any experience with law ,just helping a friend.)

    The judge :'' During the hearing i noticed that you were smiling when your counsel was vigorously cross examining the victim which did not suggest any regret or remorse on your part''.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    That will depend on the law and court rules for the jurisdiction where the trial took place, and you didn't say where this took place. In genera, however, in U.S. courts that's not a good basis for appeal. The demeanor of the defendant during the trial is one of the things the fact finder (jury, if there is one, or judge if the case is not tried to a jury) can take into account, along with everything else presented, to decide the case. If the defendant's demeanor during the trial did not suggest remorse or regret, that's something a judge would indeed very likely consider during sentencing, and that would not be improper.
     
  3. zddoodah

    zddoodah Well-Known Member

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    This makes zero sense. If the judge's impression of the defendant was developed during the trial, then it cannot have been "preconceived."

    In what U.S. state did this happen, and what is your relation to the defendant? For what was the defendant on trial? Are you referring to the guilt phase of a trial or the sentencing phase? I ask because the extent to which the defendant might have remorse would rarely be relevant during the guilt phase. Your post also seems to suggest this case was tried to a judge and not a jury. Is that correct? If so, why did the defendant waive trial by jury?
     

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