Cutting to the chase:
1-2 game in local casino tonight. The skinny is that the player 2 to my right and I get it all in on the flop. I had trip 8's, it (turns out) he had a flush draw. We did not show our cards right away on the flop. Turn came an ace, river completed the flush draw (3 diamonds). He didn't look confident, and as I am not one to wait around, I show my trips first. He looks sad, mumbled something (crap?), and open mucks his hand enough for me (and probably at least a few other players) to see A5 of diamonds. His first take and mine was he hit his ace on the turn which obviously doesn't beat trips. It takes me a second or 2 tops to process the following:
1. I know for sure he has A5 of diamonds, I'm 100% sure.
2. I double check the board and there are indeed 3 diamonds on the board and no pair, so he has the best hand, again I'm 100% sure.
3. I look back at his cards which are now face down and have just been put face down into the muck. (I don't know whether he turned them face down or the dealer did. When I saw his cards they were in his hand fairly open sideways on the way to be being mucked; the act of mucking took place while I was triple checking the board).
4. I now have the realization that by rule his hand is dead and the pot should be mine.
What would you do in this spot? I'll post what I did within 24 hours, kinda wanted to take a quick straw poll.