Caveman Lawyer...another question for you

[skale7179]

What is the name of your state? Illinois

Can you tell me what happens at a court review for murder?

 

[CavemanLawyer]

I've never heard of the term "court review." Sorry. Is it some sort of examining trial or preliminary hearing?

Or you referring to one court's review of another court's ruling, in other words an appeal?

 

[skale7179]

Well, the murder trial hasnt officially started yet, so it isnt an appeal. "court review" is the term our local newspaper used.

I was under the impression it was where they were going to go over evidence and witnesses and things of that nature, but I wasnt sure......I also heard the term "discovery" used, does that sound right?

 

[CavemanLawyer]

It sounds like a preliminary hearing. In Illinois and in many other states, you cannot file certain charges (ex: felonies or capital crimes) without a probable cause finding which just means that it is determined that there is enough evidence to prosecute the case. This type of determination can be made by a grand jury made up of citizens or by a judge in a preliminary hearing.

Sounds like they are having a preliminary hearing to file murder charges. The State will present evidence to the judge to prove up probable cause. The defense will of course try to show that there is no probable cause but the burden is very low so chances are they will mostly just be gathering discovery. Discovery just means discovering whatever you can about the other side's case.

 

[skale7179]

Thank you!**************.....again!!!