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Indybay FeatureRelated Categories: California | East Bay | Police State and Prisons | Racial Justice
Mehserle Trial Motion JNOV
A Motion for Judgment Notwithstanding the Verdict, or JNOV is rumored to have been filed at the Mehserle trial, which Superior Court Judge Robert Perry could rule on today. If he denies this motion, jury instructions will be argued between defense and prosecution as scheduled. It is not certain at this point which side made the motion, though it is likely the defense as it seems they had made an earlier motion for Directed Verdict which was denied, a prerequisite for filing a JNOV.
A JNOV is "generally available to both plaintiffs and defendants, and an arrest of judgment is primarily used with judgments in criminal cases. A JNOV is proper when the court finds that the party bearing the BURDEN OF PROOF fails to make out a PRIMA FACIE case (a case that on first appearance will prevail unless contradicted by evidence)."
"In deciding a motion for JNOV, the court is facing questions only of law, not fact. The court must consider only the evidence and any inferences therefrom, and must do so in the light most advantageous to the nonmoving party. The court must resolve any conflicts in favor of the party resisting the motion. If there is enough evidence to make out a prima facie case against the moving party, or evidence tending to support the verdict, then the court must deny the motion for JNOV. Some courts maintain that if there is a conflict of evidence, such that the jury could decide either way based on factors such as the credibility of witnesses, the court should deny the motion. Courts approach motions for JNOV with extreme caution and generally will grant them only in clear cases in which the evidence overwhelmingly supports the moving party."
What does this all mean? Who really knows until tomorrow? Don't give in to government and corporate media propaganda! Stay tuned, stay educated and stay ready, and don't be afraid to take your dissenting voices into the streets!