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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114118
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I need clarification as to what constitutes trial testimony,

Resolved Question:

I need clarification as to what constitutes trial testimony, i.e. testimony that may be submitted by the defense to the appellate court for their consideration.
Priior to my fed. trial, Daubert hearings were held. Testimony given by gov. experts then was substantially contradicted by those same experts in their trial testimony. Had the testimony remained consistant, the guilty verdict may have been avoided. Will the Circuit court consider such contradicting testimony if articulated by the defense?
At my fed. trial, gov. witnesses and investigators provided testimony that , in some instances, was wholly contradicted by information (evidence, statements) contained within the Discovery reports, including lab reports. Again, this may have had impact on the outcome of the trial. Example: a gov. chemist threw away trace evidence recovered from the scene. She recorded having done so in her report. However, she failed to mention this action at trial. My defense attorney failed to object to there stark discrepancies during trial. From which legal standpoint might I convey these testimony discrepancies to my appellate panel?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
All testimony taken under oath in the court below is considered testimony that can be submitted to the court of appeals for review. Even testimony in motion hearings is taken under oath, and as such that is testimony capable of review. If your defense attorney failed to object, then you will also have to claim ineffective assistance of counsel in your appeal as well, since the attorney should have not only objected in trial, but should have also tried to impeach the testimony with the prior testimony from the motion hearings as it was taken under oath.

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