Posted 31 December 2012 - 08:47 AM
Posted 31 December 2012 - 12:57 PM
You moved to dismiss due to a defect in the officer's testimony. He responded to your motion by curing the defect and you lost the case.
Grounds for appeal are that the judge erred in applying the law or interpreting the facts. I don't see where the judge did either so I suspect that you'll lose on the appeal.
As for asking the assistant DA to vacate, why would he? He's got the conviction.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
Posted 31 December 2012 - 01:19 PM
I recieved notice that I lost the trial and now both appealing the judge's decision and asking the asst. DA to vacate.
The court allowed the prosecutor to cure the defect (if there was one) at the trial, which the judge is allowed to do. There are lots of things that a party might do that will draw an objection, but if the party who made the error can cure the problem without any prejudice to your case, the court will generally allow for that. The idea is to get things right, not to dismiss cases over simple missteps. Your rights were not prejudiced by the officer establishing jurisdiction after your objection, and as a result you’ll likely lose the appeal. Note that winning the appeal may simply mean a new trial which gives the prosecution the chance to cure it anyway.
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