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  #1  
Old 01-24-2007, 09:08 PM
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Fair trial


What is the name of your state? NJ


can you appeal a court decision based on the fact that the judge never gave you or the prosecution an opportunity to present your closing statements?
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Old 01-24-2007, 11:37 PM
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Maybe. I think what you would have to demonstrate is that a closing argument would/could have changed the outcome. If the Judge felt that he had sufficient evidence and that nothing you said in closing (since you would not be adding evidence) would change his mind, then he was probably ok to cut you off. However, I may be wrong. If I am, I am sure that a lot of people will let me know.

Jimbo
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Old 01-24-2007, 11:41 PM
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well what happened was, I gave my side of the story on the bench, answered questions.

sat back down, and the judge just summed up what the prosecution said, and what I said, and said something along the lines of "based on the things I've heard I think the officer is more truthfull, so I find you guilty)

He never said: do you have a closing argument, to me or prosecution.
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  #4  
Old 01-24-2007, 11:49 PM
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Then you likely don't have a leg to stand on. If you wanted to make a closing argument, you could have asked the court. I'm sure the Judge would have let you say your piece. Sorry.

Jimbo
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  #5  
Old 01-25-2007, 12:07 AM
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yeah sure looks like it...+ from doing a quick search...even if I appealed and won...it would just mean I'd have to go to another trial.

I guess I'll just go and take that driving school to get the poitns off my license so that the insurance won't go up
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