Imagine that two co-defendants are convicted in a joint trial based upon the same evidence. Both make the same argument in support of separate motions for a new trial. The judge grants the motion for co-defendant A, who thereby receives a new trial. He denies the identical motion as to B and sentences him to 50 years in prison. Couldn’t happen, you say, in our legal system? Well, it did happen to Oscar Martinez at the appellate level.
A core principle of due process of law is that like cases be treated alike. This is particularly true in criminal cases, which are brought in the name of the public and generally command more publicity than civil cases because the stakes are higher and the facts more compelling. Thus, the public keeps a particularly watchful eye on criminal cases and expects a higher standard of fairness than in civil cases. These factors make public perception of the criminal justice system particularly important.
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