erroneous trial

See: mistrial
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From a practical standpoint, an appellate court will not waste limited judicial time and resources to reverse an erroneous trial court decision that did not contribute to the verdict.
They will say that were it not for his action "the case would go down in the annals of tragically erroneous trial outcomes".
Holmes's basic idea is that a state could indeed structure its judicial system such that erroneous trial judge rulings are simply not final.
A third objection to continuing jeopardy points to other prodefendant asymmetries in our criminal justice system, such as Winship's rule that the government bears a heavy burden of proof,(160) and Ashe's openly asymmetric rule of collateral estoppel.(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.
Certiorari review is ultimately rooted in society's need to obtain, and the judiciary's power to provide, meaningful relief from erroneous trial court orders.