Question

The appellate court decides that the trial court committed reversible error by including evidence found by law enforcement. Law enforcement discovered this evidence when committing a Fourth Amendment violation, which should have been excluded at trial. This inadmissible evidence was the lynchpin of the prosecutor’s case, which resulted in a conviction.
1. Where does the case go from here?
2. Is the Defendant free to go?
3. Does it go back to the trial court?
4. Does it go all the way up to the Supreme Court?

Answer 1

Answer:

1. Now that the very evidence that lead to conviction of the defendant, that person will no longer serve the sentence given as a punishment as a result of the crime committed.
2. Yes, the defendant would be free to go for now, unless they can produce any more evidence to charge him with the crime he allegedly committed.
3. Conventionally it would go back to the trial court until and unless specified otherwise by the judge.
4. It could go all the way up to the supreme court depending on whether the legal counsel handling the case puts in a request for it.

Hope that answers the question, have a great day!