Legal Question in Criminal Law in Maryland

judges decisions

can a judge overturn a guilty verdict by a jury if he finds that the evedience does not show the person is guility.


Asked on 2/04/02, 8:16 am

1 Answer from Attorneys

Joseph Trevino Law Offices of Joseph A. Trevino

Re: judges decisions

No. The judge hears the same evidence presented to the jury throughout the trial and the Defense has at least two opportunities to argue, before the jury "gets" the case, that there is insufficient evidence. The Judge can rule at the end of the prosecution's case and at the end of the Defense case, but once the jury gets the case, they are the ultimate finders of fact. Only if there was juror misconduct would a TRIAL judge overturn the verdict. There is always the appellate courts. They can review the trial judges decision. In civil cases however, the judge can substitute his/her jdugment for the jury's and declare that no reasonable jury could have found someone civilly liable and therefore enter a verdict contrary to the jury's. Call if you need further information. Thank you Joe Trevino, 800-924-6217.

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Answered on 2/04/02, 8:24 am


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