Granna wrote: ↑Fri Jul 22, 2022 7:07 pm
JudyMac: Sorry, I am a little slow on the uptake. I have not been in the loop on this, as I am moving to another state. Packing.
Are you saying the defense can not go back and retry this using the anti-slap laws at all? As the jury found it was defamation with malice? Thanks
I think people are under the impression that if she files an appeal that she gets a new trial. That is not the way it works. A person only gets to try their case
one time. They do not get a redo of the trial because they did not present the correct evidence, effectively argue their points, or because they lost the case. That is not what the appeals process is about. Judge A ruled in AH's favor on the Anti SLAPP.
The appeals court looks for mistakes in Judge A's rulings and mistakes by the jurors. I am sure that AH will want the Appeals Court to look at every one one of Judge A's rulings and probably every objection that did not go AH's way. The Appeals Court is looking for mistakes in Judge A's rulings. They are looking for legal mistakes they are not trying to criticize Judge A. But, even if they find that Judge A made a mistake that does not mean that AH will get a retrial. It is not impossible to get a retrial but it is very difficult.
This was not a typical trial. This was an extremely long trial and both sides had plenty of time to present their cases. To contrast this case, I had jury duty last week for a criminal case. The entire trial took 4 (very long) days.