When should evidence be presented when a material witness has found to have lied on the stand?

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When should evidence be presented when a material witness has found to have lied on the stand?

After the sentencing and used for appeal, or before sentencing in the hope that a mistrial will be called. This was a jury trial. The judge involved has giving the prosecution favoritism throughout the trial, to the point of allowing an objection to a witness testifying on what she actually said, calling it “hearsay” and the judge did not overrule.

Asked on September 8, 2010 under Criminal Law, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When and how to use the information you have in the matter is really a difficult thing to determine in this type of forum.  You can not just present it before sentencing.  You would probably need to make post trial motions, which are made many times to preserve your rights on appeal.  If you believe that the statements being made were not hearsay - and hearsay can be a tricky thing to determine - then you should speak with someone in your area who does criminal work and criminal appeal work on a regular basis to determine your next step.  You are going to challenge the judge's determination at trial as reversible error I assume but be aware that Judges are given great discretion unless there is a glaring mistake.  Good luck.


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