Possibly, but it depends on the facts and circumstances. There is no way you will be able to post enough facts or explain enough information on this message board to receive an answer. There are too many factors involved. You should call and receive consultations.
Seth Weinstein, Esq.
Los Angeles Criminal Defense Attorney
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
Your question appears to be did the second judge commit an error in allowing the evidence of the other crimes in the second trial. This is what we call a 352 analysis and the second judge's ruling is entitled to significant deference and would normally only be overturned for an abuse of discretion. I recommend consulting with an appellate attorney if there is a conviction because this is a very complex issue that greatly depends on the precise facts.
This is a very case specific question and you should seek consultation with an attorney. Many Criminal Defense Attorneys provide free consultation.
Raja S. Gill | Attorney At Law | Gill Law Group firstname.lastname@example.org | http://www.thegillfirm.com T: (855) 600-4567 | T: (949) 333-0891 | F: (949) 625-4816 Disclaimer: Answers/information provided on this site general nature for information and educational purposes only. The answer may or may not apply to the facts of your case. Please consult an attorney before making any decisions or in any way relying on this information.
Great question...unfortunately, the judge detetmines admissibility, and hence, the second judge absolutely had the power to allow it in. However, just because he had the power doesn't mean he's right. If this was essentially the only real major change from the first to the second trial, then this may be a real good issue for a winnable appeal!
In most cases the court will rule the same way as they did in the first trial. One exception to this rule is if the prosecution failed to provide the discovery until the last minute in the first trial could then be used in the next trial.
I am not licensed in VA