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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-29-2003, 10:03 PM
reversible
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reversible error question


What is the name of your state? illinoisreversible error question
What is the name of your state? Illinois
My son was excluded from testifying in court judge said he was competent in part and part thought he might have been mislead by conversations with me. The judge said he knew right from wrong. I appealed and was denied. Are there cases that show that my sons testimony would have contradicted the governments key witness thus degrading his credibilty. I dont know how they can exclude my son from testifying he was a straight a student very academic 10 year old. He would have contradicted the states key witness. Isnt this for the jury to decide and not the appellate court. I was found not guilty of agg assault and guilty of resisting arrest. I was on my property when police showed up. I had committed no crimes. The officer was the first one to push me that night. After I asked him to leave my property. Please give me as many cases involving reversible error on not letting the defense have a witness who would have contradicted the states key witness. please reply soon
  #2  
Old 04-29-2003, 10:21 PM
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Location: california
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did you have an attorney representing you? If yes, what did your attorney say about the judge's decision to not allow your 10 year old to testify? Is your son the only witness you have on your behalf?
  #3  
Old 04-29-2003, 10:34 PM
Rowbear
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You have taken your case as far as you can in the courts. After your appeal was denied you have no recourse left in the Justice system. Now you must concentrate on other branches of Government to resolve your case. Your next step is to apply for clemency with your State's Governor!!
  #4  
Old 05-01-2003, 02:09 PM
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Location: california
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Quote:
Originally posted by Rowbear
You have taken your case as far as you can in the courts. After your appeal was denied you have no recourse left in the Justice system. Now you must concentrate on other branches of Government to resolve your case. Your next step is to apply for clemency with your State's Governor!!

What are you talking about?
  #5  
Old 05-01-2003, 02:41 PM
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Posts: 12,069
The prosecutor felt your son was a hostile witness and the judge agreed. There are laws that allow a spouse to not testify against their spouse and children to not testify against their parents. These laws also work the other way, spouses can be prevented from testifying for their spouse and children fron testifying for their parents.

Do you have an attorney? You need one. Your case can be appealled in a couple of ways. You can just appeal the judges decision about your son or you can appeal the whole case. Unless you can prove a procedural error (and from your post, there was none), you do not have a case to appeal.
  #6  
Old 05-02-2003, 12:27 AM
Rowbear
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In this case reversible has been convicted of resisting arrest. During his trial the judge would not let his son testify. The objectionable action is that the judge would not let the son testify because he may have been pressured to lie on the stand by reversible. The only defense left was cop’s word against reversible. The cop was more credible therefore the result, a conviction. An appeal was made and it was denied.

Reversible is requesting this forum provide research material and fast. It appears he is seeking a second appeal. I was informing reversible he had already exhausted all judicial appeals. I’ve provided some outlandish advice by seeking a pardon from the state Governor. I figured he needed something fast due to his multiple posts. Instead let us vote on whether the Judge made a good decision to exclude the son’s testimony.

Vote ------------
AFFIRM Judge’s decision and DENY reversible
OVERRIDE the Judges Decision and AFFIRM reversible
  #7  
Old 05-02-2003, 07:35 AM
reversible
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Quote:
Originally posted by Rowbear
In this case reversible has been convicted of resisting arrest. During his trial the judge would not let his son testify. The objectionable action is that the judge would not let the son testify because he may have been pressured to lie on the stand by reversible. The only defense left was cop’s word against reversible. The cop was more credible therefore the result, a conviction. An appeal was made and it was denied.

Reversible is requesting this forum provide research material and fast. It appears he is seeking a second appeal. I was informing reversible he had already exhausted all judicial appeals. I’ve provided some outlandish advice by seeking a pardon from the state Governor. I figured he needed something fast due to his multiple posts. Instead let us vote on whether the Judge made a good decision to exclude the son’s testimony.

Vote ------------
AFFIRM Judge’s decision and DENY reversible
OVERRIDE the Judges Decision and AFFIRM reversible
my son was testifying for me
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