How do I address, in my appeal, that the Judge decided based on “testimony of defendant” that does not exist?
A judge started in her “findings of Fact “ the defendant’s testimony re: (issue) “was not credible”. However after I scrutinized the transcripts there was simply NO testimony by the defendant on said issue at all. We filed the Appeal brief , received response and am typing the reply brief. I am having a hard time expressing this is a MAJOR, CLEAR error. How can someone be found not credible based on something that never happened????
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