Title: Getting a Case Dismissed After Conviction | CriminalDefenseLawyer.com
Headings: Getting a Case Dismissed After Conviction
Getting a Case Dismissed After Conviction
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Appeal based on a bad arrest or search
Insufficient evidence to support the jury's finding
No jurisdiction
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Content: In another scenario, if a case is overturned based on insufficient evidence to support the defendant's arrest (and no other evidence suggests that the defendant would have been arrested for this crime under other circumstances), the court may conclude that there is no remaining evidence to tie the defendant to the crime. Even if the appellate court does not order a dismissal, the prosecutor may decide there is not enough evidence to secure a conviction. Similarly, if the appellate court rules that a search was unconstitutional, and further rules that the evidence resulting from the search may not be considered, the prosecution may be left without enough evidence to support a finding of guilt on the charge. In this instance, again, the appellate court may order dismissal or the prosecutor may decide he has no choice but to dismiss the charges. Insufficient evidence to support the jury's finding
Occasionally, an appellate court will reverse a finding of guilt on the grounds that the jury did not have enough evidence to support its conclusion. Usually, the defense will have asked the trial judge to enter a judgment of acquittal, before the case went to the jury, and the trial judge will have denied that motion. On appeal, the defendant essentially makes the same argument – that the judge should have entered a judgment of acquittal before the jury started deliberations. In the rare case where the appellate court agrees with the defendant, the appellate court will reverse the conviction and direct the trial judge to enter a judgment of acquittal. No jurisdiction
A court can hear only those cases in which the court has jurisdiction. Jurisdiction is the power and authority to hear a case and is given to courts by legislators (statutes) and the constitution.