Certain orders made during the course of a trial, such as an order denying admission of certain evidence, may not be appealed until the conclusion of the case in whole. These are considered inter locutory orders and may be appealed during trial only by leave of court. Certain other orders such as an order granting summary judgment on one count in a multi count complaint, may be appealed during trial since they are considered final. They are final in the sense that even though they do not dispose of the entire case, they do dispose of certain claims.
Prosecutors can appeal a judge's rulings, but not a jury's verdict. A verdict of "not guilty" eliminates the prosecutor's right to appeal nearly everything.
There is no cut-off point. It could occur at ANY time prior to the judge or jury actually delivering its verdict. After that the only option would be a motion to vacate, or an appeal.
A judge presides over a criminal trial, and makes the final decision after hearing arguments from both the defense and the prosecution.
The judge is responsible for the orderly conduct of the trial, making rulings on motions and objections to procedures before, during and after trial, charging the jury on the law that applies to the case, and entering a judgment based on the jury verdict. Sometimes the judge also decides the case all on his or her own if there is no jury (a situation known as a bench trial). In appellate matters, the judge is responsible to review the record of the trial on appeal and make determinations whether there were any errors at trial that would render a verdict/judgment incorrect. The judge either affirms, reverses or reverses and remands the matter to the trial court for rehearing consistent with the appellate court's ruling.
If the judge fails to recuse themselves, you have little recourse except to appeal the verdict if you believe that the judge was biased in their conduct of the trial or the verdict.
In the US, a magistrate does not have the authority to overturn a trial court judges' ruling. If there was a trial and the Judge made an error, you can appeal within a certain amount of time. You would appeal to the state Appellate Court or Supreme Court, depending on how the state's courts are organized. However, not liking the trial judge's ruling is not grounds for appeal. There must be a legitimate legal basis, such as misapplication of the law. If you believe you have grounds for appeal, you should speak with your lawyer immediately.
The Judge read a list of instructions and the prosecution and defence made their opening statements.
no it was not
One may be attempting to appeal to the jury's sense of emotion; whereas, a judge will not give into emotions as easily.
REMEMBER - YOU CHOSE to be tried by the judge alone (bench trial). Just because he didn't render a decision that you liked is not grounds to appeal the verdict. However, If you can cite something improper in the way the prosec;ution was handled, or mis-conduct on the part of the judge, you can file an appeal of the way the trial was conducted with the Appeals Court. (re-read the first sentence!)
In most states, the judge can reject the plea agreement and the defendant has the right to withdraw his guilty plea. This does not necessarily force a trial because the prosecution and defense can at that point renegotiate the deal.
get legal representation and appeal
If you had a trial, and were not permitted to present evidence during the trial, and there was no legal reason that the evidence was inadmissible, and you lost, you can appeal.