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Offer of Proof Computer Crimes, Hacking

Discussion in 'Criminal Charges' started by MikeinMS, Aug 2, 2020.

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  1. MikeinMS

    MikeinMS Law Topic Starter New Member

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    Hello All,
    Could someone tell me if a trial judge can prevent a defendant from making a proffer into the record for the appeals court?

    Thank You
     
  2. adjusterjack

    adjusterjack Super Moderator

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    In the abstract, yes, a trial judge CAN do that and many other things that a defendant won't like.

    Provide some details and you might get a better response.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    The trial court judge doesn't control what the appeals court does. But that said, generally speaking appeals are based on the record of the proceeding in the trial court. The appeals court will not consider new evidence offered for the first time in the appeal. So what is it, exactly, that you want to do?
     
  4. MikeinMS

    MikeinMS Law Topic Starter New Member

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    Thanks for the reply. At trial my attorney attempted to call 3 witnesses to testify about an affair the detective was having with my wife. The witnesses were the detective, my ex wife and her friend who allowed them to use her house to carry out the affair. The judge refused us to call the witnesses and would not allow us to make an offer of proof for the appeals court. It just seems unfair to block that. Any suggestions on how to find case law pertaining to denial of making a proffer? Thank You
     
  5. justblue

    justblue Well-Known Member

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    How did you gain knowledge of the affair?
     
  6. army judge

    army judge Super Moderator

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    Was your proffer (sometimes known as a “queen for a day” or "king for the day") letter part of a written agreement between a federal prosecutor and yourself which permits targets/defendants to tell the government about your knowledge of crimes, with the "alleged" assurance that your words will not be used against you in any later legal proceedings?

    If not as stated above, what did you expect your proffer to do for your benefit?

    I'll bottom line it for you.

    It wouldn't be considered judicial misconduct for any judge to believe one party over another and to rule accordingly.

    Even if your allegations could be proven, what relevance would it have on your alleged criminal activity?

    It is not bias for the court to find one witness credible, while finding you not to be credible.

    There is no judicial error in disbelieving you or finding your evidence unpersuasive.

    Based upon your recitation of events above, I see no error or malfeasance regarding the judge's ruling.
     
  7. Zigner

    Zigner Well-Known Member

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    On what basis did the judge refuse to allow the testimony?
     
  8. MikeinMS

    MikeinMS Law Topic Starter New Member

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    First by my ex wife's friend then by private investigator.
     
  9. zddoodah

    zddoodah Well-Known Member

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    According to your post #4 in this thread, the trial judge did do this, so it should be obvious that a trial judge can do such a thing.

    Whether the trial judge's refusal gives you a good argument on appeal for reversal of your conviction (which is what I assume you intended to ask) is impossible to determine based on the information provided.

    What were you convicted of doing? Why is the officer's affair with your wife relevant? Do you have an attorney handling your appeal?
     
  10. adjusterjack

    adjusterjack Super Moderator

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    You posted under "Computer crimes, hacking." If you were charged with computer hacking (were you?) what does the affair have to do with it?
     

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