can a judge change a ruling?

[johnleddo]

What is the name of your state (only U.S. law)? Virginia

What is the name of your state (only U.S. law)? Virginia

I received a speeding ticket. In the middle of my closing argument, the judge interrupted and announced she was finding me not guilty because the prosecution failed to submit certain evidence. The police officer said he could get that evidence and the judge said ok. When the police officer left the court, I objected that the judge couldn't change a ruling once issued. The judge said she could, allowed the officer to return with the evidence and then found me guilty. I have appealed this. It seems that this violates the double jeopardy provision of the Constitution since the judge didn't deny making a ruling of not guilty. It also seems to violate the canons of judicial conduct since the judge essentially told the prosecution what it needed to do to win the case and then allowed the prosecution to do so.

Is my reasoning correct?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Virginia

What is the name of your state (only U.S. law)? Virginia

I received a speeding ticket. In the middle of my closing argument, the judge interrupted and announced she was finding me not guilty because the prosecution failed to submit certain evidence. The police officer said he could get that evidence and the judge said ok. When the police officer left the court, I objected that the judge couldn't change a ruling once issued. The judge said she could, allowed the officer to return with the evidence and then found me guilty. I have appealed this. It seems that this violates the double jeopardy provision of the Constitution since the judge didn't deny making a ruling of not guilty. It also seems to violate the canons of judicial conduct since the judge essentially told the prosecution what it needed to do to win the case and then allowed the prosecution to do so.

Is my reasoning correct?

You are incorrect. Rulings can be changed and this is NOT double jeopardy. You can appeal however on the basis that the prosecution rested their case and it was an abuse of discretion. HOWEVER, how much money do you have to spend on the appeal?

 

[FlyingRon]

I'm presuming that this all took place in a Virginia General District Court. Your appeal will result in a de novo trial in circuit court. In circuit court you will be facing the commonwealth's attorney rather than just the cop. Unless they are incredibly clumsy a second time, that evidence (whatever it was) will be admitted.

There's no "resting" in GDC. It's not that formal. The prosecution or the officer presents their evidence, the defense presents theres, both sides get a chance at rebuttal and there's a decision. There really isn't any "closing argument" either (which is probably one of the reasons you were cut off).

 

[justalayman]

the opera ain't over until the fat lady sings and court is not over until the gavel strikes the block.

the only argument I see is the one Ohiogal presented that the prosecution rested and due to that, no more evidence can be submitted after that point, especially if you did not have an opportunity to address it during your defense.

did they open the session back to allowing you to present defense based on the new evidence?

 

[johnleddo]

reply to justalayman

the opera ain't over until the fat lady sings and court is not over until the gavel strikes the block.

the only argument I see is the one Ohiogal presented that the prosecution rested and due to that, no more evidence can be submitted after that point, especially if you did not have an opportunity to address it during your defense.

did they open the session back to allowing you to present defense based on the new evidence?

I got to reply to the police officer's evidence, but the point is that the only reason why he brought it was that the judge said that was why he lost the case

 

[johnleddo]

reply to flying ron

I'm presuming that this all took place in a Virginia General District Court. Your appeal will result in a de novo trial in circuit court. In circuit court you will be facing the commonwealth's attorney rather than just the cop. Unless they are incredibly clumsy a second time, that evidence (whatever it was) will be admitted.

There's no "resting" in GDC. It's not that formal. The prosecution or the officer presents their evidence, the defense presents theres, both sides get a chance at rebuttal and there's a decision. There really isn't any "closing argument" either (which is probably one of the reasons you were cut off).

actually the judge allowed the closing argument. previously in that same judge's courtroom, the judge said firmly that no new evidence could be introduced once closing arguments had begun

 

[justalayman]

actually the judge allowed the closing argument. previously in that same judge's courtroom, the judge said firmly that no new evidence could be introduced once closing arguments had begun

so file your appeal and plan on defending yourself knowing he evidence that was admitted probably improperly will be admitted in the new trial.