AgentSmithers
Member
What is the name of your state? California
Hi everyone, Hope your all having a good week. I wanted to ask the question if a case law is presented, either from the Defense or Prosecutor, Is there a technical requirement for the Judge to lawfully assert a conflicting case law.
An example I can think of is the People V. Singh and People V. DiFiore, Were one says you can relay on Speed Trap Defenses if evidence shows you going above 55MPH and the other says negative.
If the Prosecution or Defense presents one or the other, Can a Judge find it to be Unbinding/Unmandentory to follow if he is aware/believes of a conflicting Case law? Does the case law text or document need to be present to be viewed by both sides? If not is just citing the conflicting case law in the court minutes enough?
Are there specific CCP requirements to present a case law in open court?
I understand a Judge can do whatever he/she wants and that's what appealing a case is for, However, if it's done as close to the book as possible what is the outcome?
-Agent
Hi everyone, Hope your all having a good week. I wanted to ask the question if a case law is presented, either from the Defense or Prosecutor, Is there a technical requirement for the Judge to lawfully assert a conflicting case law.
An example I can think of is the People V. Singh and People V. DiFiore, Were one says you can relay on Speed Trap Defenses if evidence shows you going above 55MPH and the other says negative.
If the Prosecution or Defense presents one or the other, Can a Judge find it to be Unbinding/Unmandentory to follow if he is aware/believes of a conflicting Case law? Does the case law text or document need to be present to be viewed by both sides? If not is just citing the conflicting case law in the court minutes enough?
Are there specific CCP requirements to present a case law in open court?
I understand a Judge can do whatever he/she wants and that's what appealing a case is for, However, if it's done as close to the book as possible what is the outcome?
-Agent