GUILTY FL - Sarah Boone, 42, charged with murdering boyfriend Jorge Torres, 42, by leaving him locked in suitcase, Winter Park, Feb 2020 #3

[Cool Cats]

I thought an appeal was denied?

Hadn't heard about it. I will have to research it. Thanks Luna

2 Cents

 

[jepop]

I thought an appeal was denied?

No, I don't think SB has submitted an appeal yet. She will be granted appellate counsel by the court because she is indigent.

The LYN analysis posted up thread is to do with the state objection to SB's trial counsel's ( Owens) motion for a new trial based upon certain grounds.

That is a separate matter from the appeal SB will undoubtedly launch. I believe Judge Kraynick is the judge who will consider this separate Owens motion for a new trial. It will almost certainly be denied Imo.

LYK makes the point in his analysis that appellate counsel may utilise some of the grounds raised in Owens' motion to the district court (Kraynick) in the upcoming Appeal. Moo

ETA, IDK if Kraynick has already denied Defendant motion for a new trial cos stopped following here for a bit. Possibly that has happened already given LYK title Re Judge stands with State? In any case, LYT Peter is basically going through the state's response to that motion and pointing out the grounds that appellate counsel might utilise in the future.

 

[Lilibet]

I thought an appeal was denied?

I believe it was a new trial that was denied. See post 1349.

 

[Observe_dont_Absorb]

It was the application for a new trial that was denied.
That would have been made on the basis of an allegation that the original was a mistrial.

Owens will not work for SB to lodge an Appeal as it isn't his area of work but she will do so.

 

[Luna20]

It was the application for a new trial that was denied.
That would have been made on the basis of an allegation that the original was a mistrial.

Owens will not work for SB to lodge an Appeal as it isn't his area of work but she will do so.

So no to a new trial, but she is able to appeal?

 

[Observe_dont_Absorb]

So no to a new trial, but she is able to appeal?

She's able to lodge an Appeal but not sure what grounds she will use. Also it could be considered and rejected I guess? It does beg the question of what's the difference between asking for a re-trial and going for an Appeal. Apparently 'everyone' lodges an appeal once they're convicted, it's normal procedure.

 

[Cool Cats]

She's able to lodge an Appeal but not sure what grounds she will use. Also it could be considered and rejected I guess? It does beg the question of what's the difference between asking for a re-trial and going for an Appeal. Apparently 'everyone' lodges an appeal once they're convicted, it's normal procedure.

Criminal Retrial

A new lawyer might be required if your old attorney is the specific reason for a criminal retrial. Read this article to learn more.

www.legalmatch.com

What Is the Difference Between an Appeal and a Criminal Retrial?​

An appeal is not a retrial but a review of the facts presented in the trial court. The record includes all pre-trial and post-trial motions, all evidence admitted to the court, and a word-for-word transcript of the trial.

Additionally, it consists of analyzing the record and written briefs submitted by both parties. The appellate briefs frame the legal issues raised on appeal, and the oral arguments set a stage for clarifying the main points in the case. In a criminal case, only the defendant has a right to an appeal in most states.

Only rare cases allow the prosecution this right to appeal based on specific circumstances in the law. Appeals by the prosecution after a verdict is not permitted because of the prohibition in the U. S. Constitution against double jeopardy or being tried twice for the same crime.

Moreover, criminal defendants convicted in state courts have protections extending to the federal level if the right of appeals is exhausted at the state level. They can file a writ of habeas corpus in the federal courts to demonstrate that their federal constitutional rights were violated.

The defendant convicted in a federal trial court may appeal their case directly to the federal appellate court. After this step, they can appeal to the U.S. Supreme Court.

One of the main differences between an appeal and a retrial is the process. For instance, the appeals courts do not consider new witnesses or new evidence. The appeals in both civil and criminal cases are based on arguments that there were errors in the trial procedure or errors in the judge’s interpretation of the law. The judges meet at a conference to discuss the case after the oral arguments have commenced. Appellate courts draft opinions based on any new interpretation of the law, and there are several drafts before one is finalized for the final stage.

Once the majority of judges rule on it, the outcome is announced and there will be some judges dissenting to the majority decision made by the court. Judges disagreeing with the majority opinion may issue a dissenting opinion. Also, judges agreeing with the result of a majority decision but disagreeing with the majority’s reasoning may file a concurring opinion.

However, if the appeals court affirms the lower court’s judgment, the case ends unless the losing party appeals to a higher court. The lower court decision remains current till the appeals court simply dismisses the appeal, most commonly for jurisdiction issues. If the judgment is reversed, the appellate court will send the case back to a lower court, remanding it while ordering the trial court to take further action.

 

[jepop]

She's able to lodge an Appeal but not sure what grounds she will use. Also it could be considered and rejected I guess? It does beg the question of what's the difference between asking for a re-trial and going for an Appeal. Apparently 'everyone' lodges an appeal once they're convicted, it's normal procedure.

Thanks @Cool Cats! In short seems appeals can't include presentation of new evidence, they need to be based on claims of procedural errors during the trial. Moo a motion to trial court for a retrial may include claims of new evidence in addition to claimed procedural error.

LYT ( video up thread) analysed the grounds Owen's used in his failed motion for retrial. Just from memory I think he said that Judge Kraynick's decision to deny Owen's pre-trial motion for a continuance, might be appellate counsel's best shot. Can't remember details or if he thought those grounds might realistically succeed. He said the state could provide a good counter argument, as they did in reply to motion for retrial. Jmo

 

[Izzylizzy]

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[steeltowngirl]

Sarah Boone has been moved to Lowell C.I.

CORRECTIONS OFFENDER NETWORK​

INMATE POPULATION INFORMATION DETAIL​

(This information was current as of 1/31/2025)

U72509

BOONE, SARAH

WHITE

FEMALE

10/10/1977

12/30/2024

LOWELL C.I.

CLOSE

SENTENCED TO LIFE

Not in Confinement

Confinement Status is an internal status used by FDC within a correctional facility.

NOT SUSPENDED

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Inmate Population Information Detail

Search interface for Florida Department of Corrections inmate and supervised offender records.

pubapps.fdc.myflorida.com

 

[Knitty]

This thread is closed. Please continue at Thread #4