Can a federal judge reverse a finding that was wrong on appeal?
California, United States of America
The following excerpt is from People v. Allen, F076135 (Cal. App. 2019):
"'"A pretrial ruling that was correct when made can be reversed on appeal only if joinder was so grossly unfair as to deny due process."' [Citation.]" (People v. McKinnon, supra, 52 Cal.4th at p. 632.) "Gross unfairness" exists when there is a reasonable probability that joinder affected the jury's verdict. (People v. Merriman, supra, 60 Cal.4th at p. 49.)
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