This of course is predictable and a scenario that Massachusetts, at least, planned for in its law on first degree murder (which at one point was a capital offen

This of course is predictable and a scenario that Massachusetts, at least, planned for in its law on first degree murder (which at one point was a capital offense). The highest court of appeal there is empowered to reweigh the evidence or, even if the evidence of guilt was adequate, act on the basis of "any other reason that justice may require...." [1] The law avoids the worst result of a high court dodging responsibility for a miscarriage of justice. Doesn't perfect justice (part of the reason there is no death penalty under Massachusetts law) but does require the high court to own the result. [1] https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter278/Section33e https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Ch...