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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116779
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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motions and orders during the week of arrest be included in

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motions and orders during the week of arrest be included in the court of appeals of a trial conviction?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You are correct in stating that anything not introduced in the court below cannot be discussed or argued on appeal. However, motions and orders in the court below from previous proceedings in the case before trial ARE part of the case and have been introduced and argued in the court below and as such can be raised on direct appeal, especially since appeal can only be taken from a final judgment and you could not have appealed those prior orders until the case was filed. Thus, yes, those motions and orders entered in the case before trial and final judgment can be introduced and argued on appeal.

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Customer: replied 4 years ago.

the DA and police file with the court to conceal the accuser's father whom she still lives with is a Registered Sex Offender listed locally. this is one of two filings the first week after the arrest that were adverse rulings made by the the court. The Oregon Court of Appeals in a direct appeal "will review adverse rulings made by the trial court... We cannot rely on any information that is not part of the record."..."The court will not, and cannot, consider any information that was not offered at trial." Affected by the motions of the first week, the father testified as the loving father of a molested daughter. disallowed was any info during my grandson's six month's of sex as boy friend when the young accuser on a number of occasions suffered terrible flashbacks to her seven years living with this father in the back of an old camper.

so is the initial week of rulings after the arrest considered part of the trial court? the initial atty for the defense ruled himself disqualified. His former partner was the trial lawyer.proving his incompetence is another avenue but first the court of appeals. one final question. isn't concealing a registered sex offender a crime?

Yes, all of the rulings in the case, whether before trial or during trial are matters that were addressed in the lower court. Concealing a registered sex offender is not a crime, it could be considered fraud on the court for not revealing it, but it is not a criminal offense.