A grand jury found the officer guilty of manslaughter; the conviction was overruled on appeal due to a finding of jury misconduct.
Searle said it would appeal and believes a new trial is warranted "based on the evidence of jury misconduct."
The judge's sentence came after an unusual last-minute attempt by the defense to set aside the guilty verdict because of alleged jury misconduct.
Earlier today, Mr. Tigar filed a motion for a new trial, charging jury misconduct.
Mr. Weller's lawyers say they are appealing his conviction on grounds of possible jury misconduct.
The suggestions of jury misconduct add a new level of uncertainty to the Little Rascals cases.
A California appellate court last year vacated the verdict and sent the case back to the trial judge for a hearing, citing possible jury misconduct.
She served 3 years of a 10-year sentence and was released after an appeal based on jury misconduct.
That conviction was overturned last year by a federal appeals court, which found evidence of jury misconduct.
Samsung has appealed against the decision claiming jury misconduct.