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jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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I was granted a motion to suppress. The DA refiled and ...

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I was granted a motion to suppress. The DA refiled and the judge reversed his decision, stating the Deputy who testified is a more reliable witness then myself. The Deputy testified as to the sequence of events, out of sequence with which he stated in his incident report, which was the true sequence. My attorney said he could not question this fact, because the hearing was about the law not charactor. Do I have any options left, this been denied by the appellate court?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  jamest replied 9 years ago.
A trial courts ruling on the admissibility of evidence is generally not appealed until the case is completed, it is not what would normally be an interlocutory appeal, which means an appeal which takes place while the lower court is still trying the case and the appellate court is only reviewing the question submitted to it. A judges rulings on matters of law in areas of the trial courts discretion, and admissibility of evidence is within the trial courts discretion, and an appeals court will only reverse on abuse of discretion, meaning there is no reasonable way that any reasonable judge could reach the same conclusion, or that there was plain error as to the facts.
Customer: replied 9 years ago.
Reply to jamest's Post: The Deputy says he can't recall me objecting to the search, which I did. And then the deputy testified that He had cleared the house of people, searched half the house and then discovered me in the garage. He stated in his incident report that he cleared the house of all people including myself before starting the search. Which is what he did, in fact he sent two other people out after I was already out of the house. I want to know is there any way to point out deputies inaccurate recall of his own report to establish the possiblity that I had in fact objected to the search. Also I am useing Randolph v Georgia as the basis of my motion. Thank you
Expert:  jamest replied 9 years ago.
can you explain more about what lead upto this incident? How this started?
Customer: replied 9 years ago.
Reply to jamest's Post: The deputies came into my house after receiving consent from my girlfriend whom they had pulled over for suspected dui.
Expert:  jamest replied 9 years ago.
I don't think at this stage any more can be done. I certainly am in no position to undermine the actions or competency of your attorney. This was at a hearing on a motion to suppress, at trial your attorney can cross examine this whiteness regarding the inconsistencies in his testimony from his report. The judge and jury are allowed to believe or disbelieve anyones testimony so if you can cast doubt on it at trial, the court will still be able to consider the inconsistencies. I do not think that any further motions would change the trial courts mind at this point.
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