{"id":"qe73719c36c3c6347bc2f","batch_id":"batch-000081","seq":83,"speaker":"beg***","date":"2026-02-21T13:54:59.856Z","text":"Technically, a judge cannot openly ignore exonerating evidence if it is presented through the correct legal channels, but the \"rules of the game\" change significantly once a person is convicted.\nIf a judge says, \"I see this DNA report proving you didn't do it, but I'm sentencing you anyway,\" they are violating several constitutional and procedural benchmarks.\nHere is the breakdown of the rules and laws that prevent a judge from doing this.\n1. The \"Due Process\" Clause (5th and 14th Amendments)\nThe most fundamental rule is Due Process. The Supreme Court has established that a sentencing proceeding must satisfy the requirements of Due Process.  \n• The Rule: A sentence based on \"misinformation of a constitutional magnitude\" (like ignoring evidence that proves the defendant is innocent of the underlying crime) is a violation of the right to a fair legal process.\n• The Case: United States v. Tucker (1972) established that if a judge sentences someone based on \"false\" or \"materially untrue\" information, the sentence must be overturned.\n2. The \"Newly Discovered Evidence\" Rule\nIf the evidence is truly \"exonerating\" (meaning it proves innocence), it usually falls under Federal Rule of Criminal Procedure 33 (or the state equivalent).\n• The Rule: This rule allows a defendant to move for a New Trial based on newly discovered evidence.  \n• The Judge's Obligation: If the evidence is \"material\" and likely to result in an acquittal, the judge must hold a hearing. They cannot simply \"ignore\" it and proceed to sentencing as if nothing happened. To do so would be an \"abuse of discretion.\"","text_en":null,"edited":false,"reply_to":null,"reply_status":"none","has_attachment":false,"url":"https://mubeitech.com/discussions/messages/qe73719c36c3c6347bc2f","reply_url":null,"reply_label":"","batch_url":"https://mubeitech.com/discussions/batches/batch-000081","batch_canonical_url":"https://mubeitech.com/discussions/batches/batch-000081","notice":"这里汇集爆料革命参与者围绕郭文贵案的持续讨论，包括长期深度参与者及自述投入真金白银的投资者。他们分享亲历过程、资金投入与后续遭遇，并结合案卷展开追问、核对和观点交锋。这些来自事件内部的经验与细节，为理解事件经过和投资者处境提供了外部报道之外的重要视角。请结合具体发言判断其经历与依据，引用时保留发言者、时间和上下文。","content_type":"discussion_message","canonical_url":"https://mubeitech.com/discussions/messages/qe73719c36c3c6347bc2f","markdown_url":"https://mubeitech.com/discussions/messages/qe73719c36c3c6347bc2f/markdown","json_url":"https://mubeitech.com/api/discussion-messages/qe73719c36c3c6347bc2f","surrounding_messages":[{"id":"qc48ec0f18c08e88bb6ee","speaker":"reb***","date":"2026-02-21T13:51:58.852Z","url":"https://mubeitech.com/discussions/messages/qc48ec0f18c08e88bb6ee"},{"id":"q668e4117c5c3f16549e3","speaker":"ton***","date":"2026-02-21T13:53:47.782Z","url":"https://mubeitech.com/discussions/messages/q668e4117c5c3f16549e3"},{"id":"q823f6383fe285da22f4c","speaker":"ton***","date":"2026-02-21T13:54:07.171Z","url":"https://mubeitech.com/discussions/messages/q823f6383fe285da22f4c"},{"id":"q32c69eb2fafaeecad580","speaker":"beg***","date":"2026-02-21T13:55:02.910Z","url":"https://mubeitech.com/discussions/messages/q32c69eb2fafaeecad580"},{"id":"q9a98cfb2b3d4521d6eb6","speaker":"beg***","date":"2026-02-21T13:55:59.557Z","url":"https://mubeitech.com/discussions/messages/q9a98cfb2b3d4521d6eb6"},{"id":"q4e59c00240c63a72b0e2","speaker":"ton***","date":"2026-02-21T13:56:37.011Z","url":"https://mubeitech.com/discussions/messages/q4e59c00240c63a72b0e2"}],"parent_message":null}