Of course.Can we agree an appeals court will have the final say? You are making a great case, but we both are only offering opinions biased by our source of opinion commentary.
If it is appealed, the appeals court will decide.
That's a tautology.
Judges have a huge amount of power.Honestly, I think a Judge has a lot more power over what is allowed in his courtroom once a trial starts. There might be pre-trial rulings and agreements, but the prosecution doesn't want to be put in a position where it has to constantly challenge a judge's handling of the trial. The appeals court is the best place for that.
They also enjoy a LOT of deference.