Re: Perfect example of an activist judge

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Mr Matt

join:2008-01-29
Eustis, FL

·Comcast

·Embarq

reply to TKJunkMail
Re: Perfect example of an activist judge

said by TKJunkMail

With Wednesday's opinion, Davis made his revised position official and ordered a retrial -- one with different jury instructions.

Reversing himself without any prompting from either participant in the case is almost by definition an example of judicial activism.

If the judge did not correct his error the decision would have been overturned if the case were appealed. Rather than cause the accused additional cost to file the appeal the judge corrected his error.

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· 2008-09-25 20:01:49 · (locked)

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