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mrmacg00

08/08/13 1:16 PM

#40338 RE: Chas1961 #40334

Am no legalize man, cuz it's Greek to me...

Just googled this..Leave to File Notice....When you file an appeal you have to give notice of intent to do so within a certain period of time, your friend missed that deadline but applied for permission to give late notice, which was granted.

There is nothing he needs to do, the PD will review the trial documents and transcripts and determine what (if any) issues can be appealed. An appeal is not a new trial or a re-examination of the facts. Appeals only concern matters of law, and an appeal has to be based on an error made by the Judge when ruling on a motion or objection which likely affected the outcome of the trial. If the appeal is won then the guilty verdict will be set aside, but it will be like the first trial never happened, double jeopardy would not apply and your friend would likely be tried again, only with instructions for the trial Judge on how to rule on a certain motion or evidence issue.


PS---- what time did this pacer hit the wire?