Criminal Law Questions? Ask a Criminal Lawyer.
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If the defendant shows the evidence was erroneous could the defendant be found not guilty? I ask that because in the motion in limine hearing the prosecutor repeatedly stated she needed the marijuana evidence in trial to prove element three of the charge which was willfull disregard for the safety of others. So if the defendant has proven the experts testimony was erroneous and the defendant was not impaired at the time of the accident, by the prosecution's own admission they have not proven element three of the case. So shouldn't that mean the defendant is not guilty?
During the post conviction relief proceeding, someone ordered just the testimony for the criminalist who testified for the prosecution about what 1.1 ng of thc would cause a person to do.. The defendant's relative asked the court reporter why only the testimony for that witness was filed. She simply responded that the person who ordered it only wanted that testimony, so once it was ordered she filed it.
Some background is the relative contacted ASCLD who accredits OSBI 2 weeks before this happened about erroneous testimony from the OSBI Toxicology expert. The relative also gave the ASCLD some information from the testimony from trial and prehearings by this expert. The executive director from ASCLD assured the relative a week before this testimony was filed by the the court reporter, who typed the transcripts at trial and who is also the trial judge's personal court reporter, that he would look into the situation as soon as possible.
So I am wondering if this excerpt from the transcript of just the expert testimony was ordered by ASCLD. What do you think?
The relative did not ask who ordered it thinking the court reporter would not tell him since the person who ordered it was not filed. Would she be obligated to tell who ordered that portion of the transcript if asked?
If the judge or DA wanted just that testimony they would not have to order it would they? I am trying to figure out who ordered that testimony.
In reference to your last post, the court reporter just told me that the the testimony was requested by OSBI Lab. Do you think that means an investigation is going on?
If there is investigation going on is the judge likely to wait until the investigation is over to make his decision on the post conviction relief issue?
The defendant has done everything he can do at this point. Most recently he responded to states response to his petition. That was about a week ago.
Nothing has happened since then. The defendant assumed the judge will need some time to review all the information he has, but just wondering if the judge himself might try to delay things until he hears something on the investigation. He surely knows about the request for the transcript since it was his court reporter. So my question was do you think the judge will try to delay the proceedings?
You said the completed investigation will be public record, will OSBI notify the judge when it is over?
The investigation was prompted by ASCLD which was due to my complaint to them. So ASCLD should contact me and OSBI should contact the judge when investigation is done. Is that correct?
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