Ask a Lawyer and Get Answers to Your Legal Questions
want to show he mislead the court...now that I know I can't count on the judge to fix it.
The evidence he is misrepresenting is the ONLY evidence against co-defendant. Without it, there would be no prima face case and co-defendant would be a witness. I would call that egredgious, wouldn't you?
OK, let's assume that the judge is actually unaware that this evidence was not authenticated by the court, and the court never deemed it admissable at the limine hearing as opposing counsel is saying.
If I simply state that counsel is mistaken, that the screencaptures he is referring to are co-defendant A's, not co-defendant B's, and that co-defendant B's evidence was never even addressed at the hearing. Will the judge then verify the facts in the transcript, or just pick a side to believe?