What happens if a witness deemed crucial, later admits/signs a declaration stating he lied, but then recants that declaration?

Asked about 1 year ago - Bakersfield, CA

After a trial, a witness who the Judge deemed "crucial" admits that his testimony was untruthful by signing a declaration. Then later changes his mind again and signs another declaration stating that his previous testimony was correct and his previous declaration was not true? The witness in this case was deemed the most reliable and the Judge relied on his testimony in regards to his proposed decision.

Attorney answers (3)

  1. Greg Thomas Hill

    Contributor Level 20

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    Answered . So there was a bench trial?

    I certainly sympathize with your concern.

    Without reading the dueling declarations, it is hard to really say if the judge made a mistake. However, it seems like the judge certainly did exercise his discretion in deeming the witness was reliable and credible. I trust the two declarations were available to you or your counsel and there are good arguments that the judge abused his discretion.

  2. Michael Moshe Levin

    Contributor Level 15

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    Answered . Seems like it might be evidence to support a habeas corpus petition. You should speak to an experienced criminal appellate lawyer.

    The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction... more
  3. Theodor Kaplun

    Contributor Level 16

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    Answered . Retain a criminal lawyer who can handle the appellate process, more details are needed, but it would seem that you have a challenge to the conviction, good luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more

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