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  • android_stocks android_stocks Mar 22, 2011 8:47 PM Flag

    What do lawyers think about the appeal court hearing?

    Not a single lawyer here? Come on, this is going to be the greatest catalyst for CIGX in the near future and not a single lawyer can comment on their expert knowledge on how appeal process works and what appeal judge is looking for?

    Frankly, I am disappointed.

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    • I will add what I learn from my lawyer friend.

      He said appeal judge only overturns lower court decision if: 1) new material evidence (with exceptions see below); 2) error in jury instruction; 3) lower court violating existing laws

      He said our court system has a lot of faith in the jury and does not overturn easily - after all, if every decision can be overturned due to minor irregularity, then, appeal process will last decades as both sides keep appealing for a new trial whenever the trial outcome is unfavorable.

      So, it's pretty much the case that both sides must give their best shot. As for the new evidence exception, if one side does not present certain material evidence, then, that side cannot go to appeal court and claim that there is new material evidence so there needs to be a new trial - again, if you allow this, trial will go on forever.

      So FWIW....

 
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