Kly, Zimmermann's defense attorney is requesting an acquittal direction. Do all directed verdict's have to originate with the defense? Does the state ever request one? Also, can a judge direct one without a request?
In criminal cases requests for directed verdicts, which have to be made immediately after the prosecution rests, are limited to defendants. If viewing the prosecution's evidence in a light most favorable to the state, the judge determines there is insufficient evidence, on which a jury may draw reasonable inferences to conclude that the defendant is guilty, the judge is obligated to direct a verdict in favor of the deefnse.
The judge can not direct a verdict unless it is requested. Having a directed verdict granted is rare, but it happened to me once.
