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Can evidence from a trial be used for the appeal process. Is the evidences still valid to be used on an appeal?
Wiki User
∙ 11y ago
Yes, evidence used to support and refute the original verdict and or decision can be used during the appeals process. As an example, let's say the Judge ruled in favor of the prosecution when hearing evidence on the lawfulness of a search warrant. The defense provided evidence saying that the search warrant was unlawful and the prosecution provided evidence saying the search warrant was lawful. The evidence used on both sides would be admissible in the appeals court.
However, you are not allowed to give new evidence or subpoena witnesses for testimony during an appeals. If the appeals court determines a legal error was made that altered the outcome of the trial, they will order a new trial. At which point you may present the new/old evidence and witnesses, as once sees fit.
Wiki User
∙ 11y ago
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If Employer no show at EDD appeal?
According to the literature sent by them along with the letter that gives an appeal time and place, if you are the employer and filed the appeal but don't show, the award goes to the employee. If you are the employee and filed the appeal but don't show you lose. If the employee files the appeal and the employer doesn't show, you still must present your facts and evidence to be considered.
Is fire dead or alive what are the evidences?
There is still a debate going on about, so it might.
What is an example sentence for the word denying?
Here is an example sentence with the word "denying":All the evidences suggested that Samuel Miller was the murderer, but he kept on denying that he committed the crime.
If a defendant claims that drugs were illegally seized but the trial court admitted the drugs into evidence then where can the defendant go to challenge the decision of the trial court?
If the trial is/was still in progress there is no appeal of the trial judge's decision to admit the drug evidence. However, once ythe trial has been completed and the verdict rendered, if the defendant feels there are valid legal grounds to challenge the trial, he may file an appeal with the Court of Appeals.
If a defendant claims that drugs were illegally seized but the trial court admitted the drugs into evidence where can the defendant go to challenge the decision of the trial court?
If the trial is/was still in progress there is no appeal of the trial judge's decision to admit the drug evidence. However, once ythe trial has been completed and the verdict rendered, if the defendant feels there are valid legal grounds to challenge the trial, he may file an appeal with the Court of Appeals.
What did chris perino get sentenced to?
4 months. But it is still in appeal.
Is glen rogers still alive waiting in death row?
yes he is still waiting death row he still has an appeal
Is cyntoia brown still in prison?
Yes she is and she is currently seeking an appeal
Can the lower court refuse to send inmate photographs used at trial as evidence against them?
Evidence presented in court is not retained by the court. After the trial is concluded it is returned to the agency (agencies) that supplied it. If you need access to any of it you will have subpoena the agency to release them. If the case is still on-going (in trial, under appeal, etc), evidence in an ongoing case is never released. Your defense attorney had access to the same material, have you checked with them?
Can you still be fired for gross misconduct whilst on sick and covered by doctors certificate?
Yes. You still have the right to appeal and the time limit may be extended depending on your illness, but if you are going to appeal inform them as soon as possible.
How could a person get an appeal if he did not want one in the first place?
It may be that the grounds for appeal still exist. Your best answer would be to speak to a competent attorney.
Are there any evidences regarding ashwathama still alived?
keep faith in God... God has given him immortality boon. so he must be alive.
