Legal Question in Appeals and Writs in North Carolina

Can evidence and Testimony be thrown out to get a new trial

A man was convicted of conspiracy to commit murder,using the testimony of a ex con, and taped conversation and a handwritten statement (which wasn't supposed to be admitted into evidence). Can that be grounds for a new case?


Asked on 2/18/04, 12:49 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Can evidence and Testimony be thrown out to get a new trial

We need more facts to give a reliable answer. Assuming you are correct that the handwriting was erroneously entered into evidence, the Defendant must still demonstrate on appeal that the admission was prejudicial; therefore, we need to know more about the facts. I do wonder, however, how and why you are so confident that it was erroneously admitted. (I.e., has the appellate court ruled yet? Probably not, else the question would probably not be asked. It is next to impossible to predict appellate rulings on these issues, and it is unusual to get a reversal in a criminal case.) The testimony of an ex-con is almost certainly not grounds for a reversal. A taped conversation is similarly generally not grounds for a reversal (assuming there was no Fourth Amendment violation etc.).

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Answered on 2/18/04, 11:42 pm


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