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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

    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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