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Was there ever a fuckup this bad in an actual court case?
Yes. Yes there has. Some even more recently. Look up recently disbarred lawyers. It most commonly happens in that cross section between law and politics. Much like this case.

This sort of mistrial takes multiple people to arrange. It doesn't just happen because a single lawyer gets overzealous.
 
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So the judge is going to just get away with preventing the Motion in Arrest of Judgement from being entered into the record? I was seriously expecting that to come up in the list of issues, because striking motions and objections from the record seems like a direct attack on the appeals court's authority.
 
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So the judge is going to just get away with preventing the Motion in Arrest of Judgement from being entered into the record? I was seriously expecting that to come up in the list of issues, because striking motions and objections from the record seems like a direct attack on the appeals court's authority.
There were so many problems that she didn't have time to get to everything.
 
"I was Mind Controlled and am currently both seeking medical aid as well as having all of my cases within the given time frame reviewed?"

But then you have to actually have been mind controlled in such a manner as to be provable in at least the public court of opinion sooooo



It's a combination of things I believe.

First it's a statement of "This entire thing was so wrong and illegal that we're not even going to leave it on the table as even vaguely valid, and are going to redo it properly", which combined with their prior statement of "We find in favor of the Petitioner" I believe translates to "We're going to do this such that this case can be used in legal reference to explicitly help prevent further victims of such awfulness from being hurt again."

Second, while I am super uninformed on the topic, I believe this will either set up to provide some sort of compensation for all the trouble he's been through, either directly through the trial itself (I don't think that's how it works in criminal cases though) or by laying the groundwork for a future civil case (which would honestly be settled outside of court because I cannot imagine anyone would want to stand on the opposite side here).

My big question trial wise though is whether or not criminal charges are going to be pursued against those jackhats who tried jumping SJ.
Set up compensation and attach double jeopardy. It hasn't attached yet.
 
Fucking spooks, I swear to god…
Considering this is a Marvel setting* (plus the fact that Noa lives in NY) I couldn't help but consider she might have been referring to a different type of spook. :p
*Marvel ran a number of Ghostbuster comics so you can argue they exist in Marvel New York.
"ADA Mackey. Please give this court one good reason why we shouldn't end this argument and recommend your immediate disbarment."

My jaw dropped. Next to me, Sam's jaw dropped. Somebody in the press box dropped their pen.

That… was not what I expected.

Ho. Ly. Shit.
Justice Smith is officially done with this s***.
Thankfully for all of our sanities, though, there was no interruption.
Considering what the Bugle dd to Young and co the last time this insanity happened, even if the nutters were willing to cross Smith; they wouldn't want to fall in Jameson's crosshairs.
 
oops, I misremembered the issue, it wasn't the motion in arrest of judgement that the judge struck from the record and intimiated Noa into not objecting, it was the motion for mistrial in the preceding chapter.

"Strike everything from the prosecution apologizing for not having a witness until now," Judge Andrews said, turning to the court stenographer. "We are starting fresh."

Even as the stenographer crossed every one of those incriminating lines out, I wrote down as good of a shorthand of the exchange as I could remember. I added the time, the name of the officer found in contempt, and what all happened.

I wanted to object to having that stricken from the record. But with the warning – with the threat I'd been given, I couldn't risk it.

Fucking with the record like that seems like something that the appeals court should consider more outrageous than anything else that has happened. I'm also confused, since with the motion for mistrial [and the incident that was its basis] struck from the record, how are they simply discussing his decision not to grant a mistrial without bringing that up?
 
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Pound the Table
Chapter Twenty-Eight

"ADA Mackey. Please give this court one good reason why we shouldn't end this argument and recommend your immediate disbarment."

My jaw dropped. Next to me, Sam's jaw dropped. Somebody in the press box dropped their pen.

That… was not what I expected.

Ho. Ly. Shit.
I'd say "rest in peace" but with the amount time they'd be stringing up his corpse after an opening murder like that, there will be no way for his soul to find rest.

Let this be a lesson: Appellate Judges are supposed to wrestle with difficult edge cases in the law. Their keen minds are prepped to handle the trickiest legal questions our nation can produce. If you take up their time with something an L1 student could answer, all that intellect will be turn to dragging your ass for sport.
 
"C-can I get a full size?" Lorna asked, following after me, but still floating off the ground thanks to her powers. "I only have a twin at school, and it's all saggy."

"Hmm… how about a queen?" I countered.

"Yes!!!"
I hope she splurged for a memory foam instead of inner spring given the dangers that might come from someone with Lorna's power set sleeping on a bunch of metal.
 
Was memory foam a thing when this fanfic is taking place?
*puts on nerd glasses of knowing random shit*

Memory foam was invented in the 1960s for NASA. And while the first "official" commercial mattress didn't hit the the shelves until 1992. That was less due to a lack of ability, and more due to a lack of crossover between the bedding industry and knowledge of the materials useful capabilities.

*takes off knowing glasses and puts on theorizing glasses*

In the marvel universe however, I would except an accelerated development of that industry and material connection. Mainly due to the much larger and more diverse body types in existence due to magic, aliens, and super-powers.
 
As big a win as this is for one kangaroo court and for mutant rights in general, the solid thud of the Young judicial clique basically smashing into a brick wall kinda invites me to wonder, what happens next? Like as great as getting really just precedent or perhaps even black-letter law someday, there's still one other half of the justice system that might or might not have something to say about Mutie freaks being legally exonerated, ever, and also, if there's even a suspicion that they used their powers in self-defense. Like only a couple years at the latest from this fic's "present day" is the 1992 police riots in City Hall, over Mayor Dinkins, likewise a black official attempting to implement progressive policy, trying to get an actually independent civilian review board of police misconduct. With Young as like Rudy Giuliani's dimensional cousin now dead, there's an open playing field for taking a hold of the law and order movement and cultivating the police unions as allies, and what better venue to make a name for yourself than helping instigate a similar riot, and railing against Mutant 'special treatment' and the onerous demands holding the boys in blue back?
 
"It should be," I admitted. "But… ooh, Pietro, you little rascal!" I snapped my fingers. "Oh I am never going to live this down, am I?"
No. No, you're not. This is going to be getting brought up decades from now.

"D-dresser!" Lorna gasped out, righting herself in midair as she combed out her hair with her fingers. "I, sorry I just, I have siblings?" I nodded. "And they're Avengers!?"
Lovely.

Sunday, October 27, 1990
~~~~~~~​
Monday, November 5, 1990
~~~~~~~​

Thursday, November 8, 1990
~~~~~~~​

the trial has been scheduled for Monday, November 19
Your calendar is wrong. You got November right, but October 27th should be Saturday rather than Sunday.

As a result, the five of us decided that we would ask you one question, first and foremost."

"S-sir?" Mackey stammered slightly, one hand going to his neck in order to loosen his collar, I assume, but that became an aborted adjustment of his tie mere moments later.

"ADA Mackey. Please give this court one good reason why we shouldn't end this argument and recommend your immediate disbarment."
Oh yeah! That's the good stuff.
 
So the judge is going to just get away with preventing the Motion in Arrest of Judgement from being entered into the record? I was seriously expecting that to come up in the list of issues, because striking motions and objections from the record seems like a direct attack on the appeals court's authority.

The story chapter is a brief highlights of the oral argument and the back-and-forth process, so it may well have come up, especially since it would intertwine quite well in a lot of Noa's arguments about judicial malfeasance at basically every level of the trial.

Moreover, there's also the appellate brief. The issue could also have been so self-evident or such a loser that the opposing party didn't even bother to defend it when it was brought up at that stage.
 
@October Daye I don't understand why there's a retrial? It seems like more work and risk for him than just declaring the trial null and void and him innocent?
Possibly because if there was no retrial certain interest groups would be sure to play it up as having been 'overturned on a technicality' or that they were 'robbed' of their judicial victory by a small group of 'corrupt partisan judges' (or radical-left Socialist Marxist Communist Fascist Mutie-lovers, as they would probably put it).
 
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