Lawyers often ask me, "What issues do you see trial
attorneys missing the most during their trials?" It seems that lately, I am evaluating several
cases which contain many of the same issues repeatedly overlooked by defense
counsel. In the next few installments, I
will identify some of these:
"Hearsay" - These are statements uttered outside
of the courtroom by someone who is not on the witness stand. They are offered into evidence to prove
something critical to the ongoing trial, i.e., "the statement is being
offered for the truth of the matter asserted." An example would be in a car accident trial,
when a police officer testifies that a bystander on the sidewalk remarked that
the defendant was the one who ran the red light, causing the collision. The bystander's remark, as relayed to the
jury by the officer, is "hearsay" because the bystander is not the
one testifying, and the statement wasn't made in court when it was
uttered. (The rules pertaining to
hearsay are much more complicated and varied.
My only point here is that hearsay statements seem rampant in trial
transcripts I'm evaluating in appellate and post-conviction litigation, and
lawyers are not objecting to them properly.)
If you have a family member or friend fighting the battle
against a wrongful conviction, or if you are a lawyer seeking assistance with
an appeal or post-conviction matter, please call this office immediately. There are always time deadlines limiting when
these claims can be raised. If you wish
to learn more about the process, call now.
Jonathan Laurans wants you to be educated as to what you may
be facing. If you or a loved one has
been convicted of a crime in Missouri, Kansas or Texas, or in any federal
court, contact him immediately. Visit
his website at www.kansascitymoattorney.com and then call him at (816) 421-5200
for a FREE initial legal consultation.
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