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First, because that is the way the legal systemn in the US works. Second, how would you know the judge doesn't believe the defendant is guilty? I seriously doubt that the judge would allow a miscarriage of justice - he always has the option of vacating the jury's verdict - declaring a mis-trial and ordering a new trial... if necessary.

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15y ago

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How do you go about appealing a court to recall a case that charged a not guilty person that is now serving the sentence?

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