Attorney Fraud Upon The Court

[Tex78704]

It appears that even IF this was a fraud, it was inherently discoverable. And anyone exercising due diligence in verifying the agreement entered into evidence would have found the error and cried foul right away.

Some frauds are inherently undiscoverable, but this is not so in your case.

And this was not discovered because of an oversight by your attorney. It happens. Unfortunately in your case, you have no recourse on appeal because of an error made by your attorney.

 

[tranquility]

Nobody noticed the switch that the defense made.

If it were an important fact, it should have been noticed. That is the point of the adversarial system. But, I've already said that.

I still don't see the fraud. Then again, all we have is a wide swirl of conclusory and hypothetical accusation. Maybe if we were to be privy to the facts we could agree there is a sliver of a chance. I restate what I did when I came in:

No one can answer this in the abstract without knowing everything. But, the main point is that the evidence should have been challenged at trial. Since it does not seem to be newly discovered (as you could have dealt with it in the proceedings), it does not help you reopen the case.