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I thought they were different crimes and the DA had to pick one to prosecute.

I thought they were different crimes and the DA had to pick one to prosecute.

(post is archived)

[–] 7 pts

When you appeal a case, you "assign error" to things that you think the judge did wrong at trial. One of the most common ones for criminal cases is (in)sufficiency of the evidence which basically says that the evidence in the record did not meet the beyond a reasonable doubt standard. The appellate court will then review the evidence and determine if a "reasonable juror" would be able to find the same verdict from the same evidence. It's essentially just the appellate judges determining if there was enough evidence, but at a slightly looser standard.

[–] 0 pt

That's not right. A unanimous jury found no reasonable doubt. A judge isn't going to invent reasonable doubt for them. There was clear and convincing evidence presented to support the conviction. The jury believed the prosecution, not the defense. It's as simple as that.