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  1. #1
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    Meredith Kercher Murder: The Nencini Verdict and it's impact on the future

    The Nencini Verdict and it's impact on the future : A thread to discuss how the court ruled, why, and what will be next....

  2. #2
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    Discuss possible defense appeals and the likely outcome of the Supreme Court of Cassation...

  3. #3
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    Quote Originally Posted by Harmony2 View Post
    Discuss possible defense appeals and the likely outcome of the Supreme Court of Cassation...
    Thank you !

  4. #4
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    I am wondering if Sollecito and Knox will have separate appeals now.......and if the Court of Cassation is likely to grant them, or to uphold the Nencini Court?

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    AFAIK there is nothing to separate anymore. The final appeal is merely one on procedures and application of Italian law. It is just a written appeal and takes one day till they reach a conclusion. The future for who? Knox and Sollecito will spend about the next 10-12 years in jail. The Italian system is very lenient.

  6. #6
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    Quote Originally Posted by sherlockh View Post
    AFAIK there is nothing to separate anymore. The final appeal is merely one on procedures and application of Italian law. It is just a written appeal and takes one day till they reach a conclusion. The future for who? Knox and Sollecito will spend about the next 10-12 years in jail. The Italian system is very lenient.
    It is indeed lenient when compared to the US system, which has become downright Draconian.

    So any appeal on the part of the defense is simply perfunctory, and it is likely, in your opinion, that Cassation will simply uphold Nencini. So my thread is talking about air? horrors

  7. #7
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    http://www.unidroit.info/mm/TheItali...cialSystem.pdf

    The Italian criminal trial

    A criminal proceeding usually takes place in three stages: the first instance (Court of “Assise”, Collegiate Court, Single Judge Court, and Justice of the Peace), Appeal, and Court of Cassation [Highest Court].

    At first instance all evidence - witnesses and documents - is obtained, and it ends with eitherconviction or acquittal.

    The defendant can appeal against the first instance sentence.

    The Court of Appeals takes its decision by either confirming the first instance sentence, or by reversing it partially or totally, or it may quash it by sending it back to the first judge.

    You challenge the decision of the Court of Appeals by petitioning the Court of Cassation [the Highest Court].

    The Court of Cassation pronounces the judgment by which it states that either the petition is not admissible or rejects it, or even quashes the sentence without sending it back, or finally, it may quash the sentence and send it to the trial judge.

    Once all the stages of judgment are over, the sentence is final. If there is a conviction with a sentence, the sentence becomes enforceable at this point.
    http://www.canestrinilex.com/resources/trial/

  8. #8
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    Thanks for this - So we are now at this part:


    You challenge the decision of the Court of Appeals by petitioning the Court of Cassation [the Highest Court].

    The Court of Cassation pronounces the judgment by which it states that either the petition is not admissible or rejects it, or even quashes the sentence without sending it back, or finally, it may quash the sentence and send it to the trial judge.

    Once all the stages of judgment are over, the sentence is final. If there is a conviction with a sentence, the sentence becomes enforceable at this point.

  9. #9
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    Also, I felt that Sollecito's lawyers as well as his own statements regarding Nencini's impropriety (the remarks about the defendant not testifying) were most definitely pointing at a separate appeal for him.

  10. #10
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    from the BOSTON UNIVERSITY INTERNATIONAL LAW JOURNAL:
    http://www.bu.edu/law/central/jd/org..._mirabella.pdf


  11. #11
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    Quote Originally Posted by SMK View Post
    Thanks for this - So we are now at this part:


    You challenge the decision of the Court of Appeals by petitioning the Court of Cassation [the Highest Court].

    The Court of Cassation pronounces the judgment by which it states that either the petition is not admissible or rejects it, or even quashes the sentence without sending it back, or finally, it may quash the sentence and send it to the trial judge.

    Once all the stages of judgment are over, the sentence is final. If there is a conviction with a sentence, the sentence becomes enforceable at this point.
    I think so... I also read this next step can take up to a year to complete.

  12. #12
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    Quote Originally Posted by SMK View Post
    It is indeed lenient when compared to the US system, which has become downright Draconian.

    So any appeal on the part of the defense is simply perfunctory, and it is likely, in your opinion, that Cassation will simply uphold Nencini. So my thread is talking about air? horrors
    Now my philosophy is that it's never okay to kill someone. -- Convicted Murderer Jodi Arias

  13. #13
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    So:

    1. Original trial - Conviction
    2 Appeal conviction (Defense) - Conviction Overturned
    3. #2 Annulled
    4. Appeal conviction (Defense - back to #2) - Conviction upheld
    5. Appeal to Court of Cassation (Defense)
    6. To be determined.

    Does that sound right?

    So basically the Court of Cassation is going to look at #4 and see if it meets standards, etc.. So if it is approved, then is it over? Or does it go to somewhere else?
    Now my philosophy is that it's never okay to kill someone. -- Convicted Murderer Jodi Arias

  14. #14
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    Quote Originally Posted by SMK View Post
    Also, I felt that Sollecito's lawyers as well as his own statements regarding Nencini's impropriety (the remarks about the defendant not testifying) were most definitely pointing at a separate appeal for him.
    I don't think he can do a separate appeal, b/c the appeal is just appeal of the original. And since the original was joint, then IMO the appeal has to be joint as well.

    I don't think he can separate now b/c separation would require him to set his own defense, and that would be like starting a whole new trial.

    So unless Court of Cassation finds something in appeal which would allow him to have a whole new trial, I don't hink he can do that. IMO.
    Now my philosophy is that it's never okay to kill someone. -- Convicted Murderer Jodi Arias

  15. #15
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    Quote Originally Posted by aa9511 View Post
    So:

    1. Original trial - Conviction
    2 Appeal conviction (Defense) - Conviction Overturned
    3. #2 Annulled
    4. Appeal conviction (Defense - back to #2) - Conviction upheld
    5. Appeal to Court of Cassation (Defense)
    6. To be determined.

    Does that sound right?

    So basically the Court of Cassation is going to look at #4 and see if it meets standards, etc.. So if it is approved, then is it over? Or does it go to somewhere else?
    If it is approved then that is it. Prosecution were also part of number 2 (increase in sentencing). Number 3 was an Appeal to Court of Cassation (Prosecution and Defense). The result was that the acquittal was annulled, and the defense lost the Callunia appeal. Theoretically the prosecution could appeal the sentence again, but I don't think they will.
    Last edited by sherlockh; 02-08-2014 at 04:47 AM.

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