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Ruled on false testimony Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by Priscilla, Feb 14, 2016.

  1. Priscilla

    Priscilla Law Topic Starter Guest

    Jurisdiction:
    North Dakota
    During an evidentiary hearing can, a judge make a ruling based on testimony that was never made?

    Basically, the judge said the co-defendant made a statement that she admitted to smoking marijuana before getting in the car but that was never stated by her or by the officer. However, the judge used that as a factor when ruling in his reason to deny a suppression of evidence. How can a judge do this? Is there anything that we can do?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    The "how" is explained by the fact that he DID do it.

    I don't know. Lots of things. File an appeal. Ask your lawyer. Accept the conviction.
     

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