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fed crim trials question

Posted: Sat Jan 27, 2018 7:11 pm
by rosesarefree
if the gov't takes a position about a deft in, say, a bail hearing, is the gov't therefore estopped from taking a different position at trial?

Re: fed crim trials question

Posted: Sat Jan 27, 2018 10:20 pm
by CanadianWolf
Need a lot more specifics, but probably not because things often develop & change during trial.

Re: fed crim trials question

Posted: Sun Jan 28, 2018 12:40 am
by objctnyrhnr
rosesarefree wrote:if the gov't takes a position about a deft in, say, a bail hearing, is the gov't therefore estopped from taking a different position at trial?


You need to define “take a position,” but I’m almost positive the answer is no

Re: fed crim trials question

Posted: Sun Jan 28, 2018 1:20 am
by criminaltheory
Like, law of the case? If they take a position and win on it, they can't then argue facts that contradict that. But the case theory can change over time, sure. And a bail hearing is probably different