I also don't expect that JB's attorney will be filing the Appellate Court's decision with the Arizona Supreme Court in the hope of a decision to Vacate, that without the Remand attached which would eliminate the DUI guilty verdict, this as the substance of JB's initial "beef" was that he did not get a fair trial that prevented a not guilty DUI outcome, not that the defense evidence he presented was interpreted in error, but that he was not allowed to present his defense in total. Thus I expect no further appeal initiated by John Bourque, but be put into a new trial "so say" the state where John Bourque most likely will be in the same state of incarceration without bail as in the beginning, or perhaps hope that the state chooses not to retrial with the DUI charges dropped.
11/19/2014 MEMORANDUM DECISION - VACATED AND REMANDED
What does vacated and remanded mean
The term "vacated" means that the Court on appeal reviewed the lower court's decision, found error, and overturned it. The term "remanded" means that the appellate court sent the case back to the lower court to decide the case again using the rulings of the appellate court as a guide. It means a reviewing court, usually a court of appeal, has determined that a trial court judgment should be vacated, or in other words, eliminated. Remand means the case will now go back to the trial court for further proceedings consistent with the reviewing court decision.
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