ACLU prohibited from joining gang rap case

[jberryhill]

14. ...and on appeal, that would be an appropriate thing to do

If the trial court judge dismisses the case on briefs, then that ruling is good for *that* trial court. The prosecutor can bring essentially the same case against another defendant in any other trial court.

The state would appeal the dismissal anyway, and then the entire argument about the statute would be, at that point, in the hands of the relevant appeal court.

In other words, it is going up on appeal either way, unless of course he's found not guilty, in which case everybody saves time by getting the trial - i.e. the factfinding - over with, and then appealing the legal issue.

It's a lot more efficient to get the trial over with, and then have the appellate court, which is better qualified and will have uniform application in all of the trial courts, deal with the legal issue since it is going to go there anyway. What the ACLU is doing is to get a foot in the door in order to file their brief when the appeal is taken.