“From what I understand, [Court of Cassation judges] have sent [the case] back for revision and reconsideration. They will review it. They may simply affirm that there was a ‘not guilty’ before and it should remain the same. They may seek to take some further evidence, but nothing has really changed.”
On October 3, 2011, the global media was riveted by the imminent Amanda Knox appeals court verdict. I live-blogged it here. The appeals court declared her not guilty.
Prosecutors appealed to Italy's highest court. While the court didn't take a position on Knox' guilt or innocence, it did overturn the appeals court verdict.
No reasons were given for the ruling -- the court has 60 days to issue a written explanation of its findings. And Knox does not have to return to Italy for a retrial, if one is held.
Italy has an unusual justice system. Two levels of appeals are allowed, and at the first level, the appeals court operates like a jury. Italy allows prosecutors to appeal acquittals, including those by appeals courts. In the U.S., it would be a violation of the Double Jeopardy clause for the prosecution to appeal an acquittal.
The question is, what happens if she is convicted at the next trial? When all her appeals are done, if she loses, will Italy seek her extradition? And if it does, will the U.S. deny extradition because the procedure under which she was convicted would be unconstitutional in the