@LetheEileen It’s a theft count. My defense is there was no theft; the govt cannot prove theft against my client because they cannot price there was even a theft because there wasn’t one. We go to trial. At the end of the govt evidence, I move for judgment of acquittal. “See, I told you . ./1
@LetheEileen . . . there was no theft at all. Period. Client isn’t guilty as a matter of law.” Judge reserves ruling to see what the jury does. Jury hangs on that count. Govt moves to dismiss it. I say, hang on, I want my motion for acquittal ruled on. /2
@LetheEileen He went to trial. He’s entitled to a ruling.” Judge says the motion to dismiss moots the motion for acquittal; that’s it with prejudice so no worries, case won’t come back. But that’s not the issue. My client is claiming actual innocence as a matter of law. /3
@LetheEileen If the jury had convicted him, for example, he would absolutely be entitled to a ruling on it. The fact that the govt is giving up on the count doesn’t change that if you go to trial you’re entitled to a file a motion for judgment of acquittal & get a ruling on it./4
