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Can you appeal a conviction based on the judge making an inconsistent ruling?

Riverside, CA |

Certain evidence was deemed admissible or relevant after an objection was made before trial. Another piece of evidence was addressed at trial, objected to and ruled to be not relevant for the same reason the other evidence was objected to, but ruled relevant. Can you appeal a conviction based on the fact that either both pieces of evidence should have been ruled relevant or neither of them should have been allowed, especially considering that the evidence ruled to be relevant affected the conviction and the evidence ruled to be not relevant could have changed the verdict?

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Attorney answers 4

Posted

It is very fact specific but the short answer is yes. The appeals process is designed to insure that judicial rulings are consistent with the law and appropriate.

Asker

Posted

Do you know where I can find caselaw regarding this issue?

Posted

I agree with the response previously submitted. This is a very fact specific question. To get an honest answer, an attorney would have to completely invest himself/herself into the transcripts of the trial and the pretrial proceedings.

Winning an appeal (in the sense of getting the conviction/sentence overturned) is not just about whether a judge was right or wrong in his/her ruling. The Court of Appeals will have to make a determination that the judge's error was so great that there was a material effect on the outcome of the trial.

Unfortunately, you will not get a good answer through a website. This will require dedicated and sophisticated analysis. Good luck.

Adam Feldman

Adam Feldman

Posted

Feel free to contact me with any additional questions: Adam Feldman The Feldman Law Firm 1 E. Washington Street, Suite 500 Phoenix, AZ 85004 (602) 540-7887 attorney@afphoenixcriminalattorney.com http://www.afphoenixcriminalattorney.com

Posted

Yes-but there are many questions that would need to be answered. Would the appellate court agree that the material was not admissible? Would the appellate court determine it would have made a difference? Deference can be given to the trial court judge because they heard the case and are often in a better position to address certain issues. It is very fact specific.

Posted

Yes, judge's rulings are grounds for an appeal. Whether or not the rulings in this case would amount to reversible error, as earlier noted, is a very fact specific question. You should consult with an appellate lawyer.

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