[Newsbot]

Title: Shafia father to appeal murder convictions
Category: Law & Order
Posted By: Hyack
Date: 2012-02-04 00:17:10
Canadian

[GreenTiger]

This is where lawers make their money in atempting to prove this jerk is innocent.

[FieryVulpine]

I'm no legal expert, but could the courts refuse to hear his appeal based on the grounds Mr. Shafia stated?

[andyt]

FieryVulpine FieryVulpine:

I'm no legal expert, but could the courts refuse to hear his appeal based on the grounds Mr. Shafia stated?

The courts can deny the appeal. But lawyers in the paper made pretty compelling arguments of solid reasons for appeal. I'm sure it will go ahead. Let's just keep our fingers crossed.

[GreenTiger]

If the appeal is successful does that mean a re-trial or do they simply go free?

[Dayseed]

andyt andyt:

FieryVulpine FieryVulpine:

I'm no legal expert, but could the courts refuse to hear his appeal based on the grounds Mr. Shafia stated?

The courts can deny the appeal. But lawyers in the paper made pretty compelling arguments of solid reasons for appeal. I'm sure it will go ahead. Let's just keep our fingers crossed.

The Ontario Court of Appeal wouldn't deny the appeal. Denying an appeal is a disposition on the merits after hearing from both sides.

As for what the appeal would mean should it prove successful, is it would likely result in a mistrial (especially the judge's instructions if shown to be flawed) which would require the Crown to retry the case.

Pick 12 new jurors. They'll still go to jail.

[andyt]

GreenTiger GreenTiger:

If the appeal is successful does that mean a re-trial or do they simply go free?

I don't think I've ever heard of an appeals court declaring somebody innocent. They would just set aside the verdict on the basis of errors in law and then the crown has the option to re-try, which I'm sure they would. But if the appeals courts criticizes the admission of a lot of the evidence (lawyers said it was hearsay) then it might be harder to get a conviction the next time. Also the defendants lawyers might argue that the jury pool has been poisoned by the extensive media coverage.