[Retric]

It’s perfectly reasonable to argue you don’t want to waste time in prison waiting for a trial if you think the evidence is clear enough.

An appeals judge should be able to make that call the same way a trial judge can dismiss charges before trial. That appeals judge can easily say, it’s relevant but not clear enough for me to dismiss the case.

PS: Thus various standards of evidence “beyond reasonable doubt” vs “clear and convincing” vs “preponderance” etc.

[abduhl]

What is the standard to be used by a court sitting in appeal on issues of fact not presented at trial to a jury of a defendant’s peers when throwing away that jury’s verdict?