You don't understand stare decisis. In any event, read the briefs that GWB-trading referenced in his link. Maybe you can find a shred of an argument. But the fact that the process is playing out still means I'm right.
So, in your legal mind, the judge not tossing the action to dismiss the charge this Jan. 13th means you're right? So if it's [false imprisonment charge is] dismissed by a higher court, you're still right? How 'bout we agree that your 'rightness' determination will have to wait until all appeal avenues have closed, and the charge stuck. I don't know if you've been to law school or not; graduated or not. I doubt it. But I certainly hope you don't represent clients in criminal proceedings.
He was bound over, wasn't he? The defense could have made your argument then if there was case law on point.
So, back where I started: "So, in your legal mind, the judge not tossing the action to dismiss the charge this Jan. 13th means you're right? So if it's [false imprisonment charge is] dismissed by a higher court, you're still right? How 'bout we agree that your 'rightness' determination will have to wait until all appeal avenues have closed, and the charge stuck. I don't know if you've been to law school or not; graduated or not. I doubt it. But I certainly hope you don't represent clients in criminal proceedings."
I can tell that you didn't, though. You're drifting and moving the goalposts, which you don't understand anyway.
GW-trading gave you a news link through which you can access the briefing. Go read it and report back with your best case. Their arguments have been losers so far. You like to give others homework assignments but are too lazy to read the actual papers.