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Author Topic: HELP!!! Evidence question...  (Read 496 times)

mpete80

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HELP!!! Evidence question...
« on: February 15, 2005, 05:35:00 PM »
Allright, You are the prosecutor and the defense att. asks his witness a question whicdh in your opinion is hearsay....you objecy stating all the proper legal basis for its inadmissablitiy. The trial judge overrules your objection stating the legal basis for it to be allowed....what, as the prosecutor, do you do next?
Thanks

GMULAW

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Re: HELP!!! Evidence question...
« Reply #1 on: February 15, 2005, 07:45:35 PM »
You sit your ass down and rework your case accordingly.  You have you record for an appeal, which only matters if the case was decided on this particular "hearsay" let in.  Unless of course you are stupid enough to argue with the Judge..... ;)
I will choose a path that's free, I will choose free will

rapunzel

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Re: HELP!!! Evidence question...
« Reply #2 on: February 15, 2005, 08:33:48 PM »
GMULAW is right.  I mean you can say, "Your honor, if I may be heard," and argue with him/her but in your scenario the judge stated legal authority as the source for the ruling, which indicates that jugde has made up his/her mind as to the law, and you are not likly to change that opinion.  Unless you have an alternative argument to make I'd say thank you your honor and sit down.  Pissing off the judge is a surefire way to loose.  Prepare you case with the expectation that any ruling could go any way and make sure to preserve your objections and offers of proof for appeal.

GMULAW

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Re: HELP!!! Evidence question...
« Reply #3 on: February 16, 2005, 02:12:05 PM »
Just to add to rapunzel, it does not matter if the judge says "motion denied because the sky is orange". You still sit down and rework your case.  Sure you hit the judge with bias (the rule # escapes me for that right now, I think it is 600 something or other). But let your appeal take care of that.  Alternative arguments work, just make sure you can tell when the Judge has had enough.  Sometimes you have to work to get your evidence in.

Main point= No argue with the Judge, no matter how wrong they are.
I will choose a path that's free, I will choose free will