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Re:Texas death row inmate at mercy of Supreme Court – and ju... by Retric on Sunday September 24, 2023 @12:49PM (#37634771)
It’s perfectly reasonable to argue you don’t want to waste time in prison waiting for a trial if you think the evidence is clear enough.

An appeals judge should be able to make that call the same way a trial judge can dismiss charges before trial. That appeals judge can easily say, it’s relevant but not clear enough for me to dismiss the case.

PS: Thus various standards of evidence “beyond reasonable doubt” vs “clear and convincing” vs “preponderance” etc.

Re:Texas death row inmate at mercy of Supreme Court – and ju... by abduhl on Sunday September 24, 2023 @02:24PM (#37635766)
What is the standard of evidence to be used by a court sitting in appeal on issues of fact not presented at trial to a jury of a defendant’s peers?