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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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in an appeal from a conviction there is an issue which is ongoing.

Resolved Question:

in an appeal from a conviction there is an issue which is ongoing. If that issue is pled in the pre-trial hearing would it affect the issue being raised in the appeal trial?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  xavierjd replied 6 years ago.

Thank you for using JustAnswer.com!

 

Can you please provide more background information of the circumstances surrounding your question?

Customer: replied 6 years ago.
there was a trial and a conviction. It is on appeal. There was one issue in the trial that was left open. (a piece of property) There were various properties, but this one property which is the subject property for this client, is open If the property is pled in pre-trial hearing, would the facts from the trial concerning this piece of property be able to be used in the appeal or would we be stuck with what was brought forth in the pre-trial hearing only
Expert:  xavierjd replied 6 years ago.

Whatever occurred in the pre-trial hearing should not have any binding value. What matters is what was resolved in the trial itself -- that is what's binding.

 

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