Actually, he didn't lose his final appeal - he was never allowed to appeal. He had defenses which should have been presented to the jury, but his attorney was prohibited by the judge on motion of the commonwealth's attorney from doing so. The only question he would have had on appeal was really about his right to have his defenses presented to the jury, not that the jury should have decided in his favor. It's not a fair trial when people can't get a jury to hear their side of the story.
What recourse does he have? If you believe the judge screwed up, and can prove he screwed up, what will you do?
Sorry. I failed to address a direct question.
So, for example, you feel that every time a cop arrests someone for DUI the cop should also be indicted for abduction and battery of the citizen whom he handcuffed and put in the back of the cruiser?
Of course if the stop is found to have been unlawful.
I know the reality today.
What I do not know is why the criminal defense law profession does not work to hold judges/prosecutors accountable for letting cops get away with abduction and battery of the citizen whom he handcuffed and put in the back of the cruiser unlawfully?
The lawyer's guild is a very powerful guild...no?
Why is it OK for a tax payer backed check to be all that is required to meet the proper redress of wrongs.