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Charges against X-Caliber Guns dismissed
This is a strange case. The Arizona Attorney General (not ATF) brought State charges against a Phoenix-area gun dealer, claiming he'd supplied over 700 guns to Mexican drug cartels.
And the AG loses on a directed verdict -- meaning the judge finds that the evidence is nonexistent: no rational juror could find for the prosecution.
And then the AG's office says it will appeal. ???? Ever hear of double jeopardy? He was on trial, jeopardy clearly attached by any standard (I forget the AZ rule, but jeopardy usually attaches when the jury is empanelled or when the first witness begins testimony, and a motion for DV is made when the prosecution finishes its case, much later), and he can't be retried.
Hat tip to Practical Tactical....
Comments
http://www.realclearpolitics.com/articles/2009/03/arizona_in_the_cross_hairs.html
Somebody ought to tell George Will he's barking up the wrong tree.
Posted by: RKV at March 19, 2009 10:46 AM