erroneous trial

See: mistrial
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They will say that were it not for his action "the case would go down in the annals of tragically erroneous trial outcomes".
For example, in the 1975 Jenkins case,(7) the Court, per Justice Rehnquist, promulgated a double jeopardy test for identifying which erroneous trial court dismissals could be appealed by the government, reversed on appeal, and remanded for proper retrial.
Holmes's basic idea is that a state could indeed structure its judicial system such that erroneous trial judge rulings are simply not final.
161) One good asymmetry deserves another, the argument might go, and so it is constitutionally apt that defendants may appeal erroneous trial rulings but prosecutors may not.