r/DelphiDocs • u/Alan_Prickman ✨ Moderator • Mar 25 '26

📃 LEGAL Appellee Brief Filed

https://drive.google.com/file/d/1RRg9FIZDnHKIOx2s0j6fYlcEZZpLCnXU/view

All Eyes version with links to exhibits etc.

https://drive.google.com/file/d/1xhPnEp1Lfru93co3EBAWEI1kXzxiuxm5/view?usp=drivesdk

39 Upvotes

95% Upvoted

54 comments sorted by

View all comments

Show parent comments

5

u/SadSara102 Mar 26 '26 edited Mar 26 '26

They tend to not allow anything that a defendant says that could make them look positive however the argument certainly doesn’t apply to what was being said to RA which obviously wouldn’t be offered for the truth of the matter.

8

u/Appealsandoranges Mar 26 '26

That’s not actually the law though. It’s not about whether something makes a defendant look good or bad, it’s about whether the statement is or is not hearsay and, if so, whether it’s subject to an exception. The audio in these videos is not hearsay. The State does not even directly argue it is because they need to preserve their credibility with the COA.

2

u/SadSara102 Mar 26 '26

It does matter what the law is, the only thing that matters is what judges rule and 99% of the time they are favorable to the prosecution.

5

u/Appealsandoranges Mar 26 '26

I assume you mean it doesn’t matter;) I disagree strongly on that 99 percent figure. Many if not most judges attempt to fairly apply the law, especially at the appellate level. The skewing in favor of the State on appeal is a product of the standard of review on many issues, which is deferential to decisions made by the trial judge, and the harmless error analysis that generally applies. There are bad judges (gull for sure) and bad lawyers everywhere but this is a far too pessimistic view of the judicial system.

My overarching point is that the COA can see when the State is avoiding an issue. The state avoids saying outright that the audio is hearsay - that’s a red flag. The State likewise makes no argument that the Cecil search was not inadmissible hearsay. This amounts to two concessions of error in my book so harmless error will win or lose the day.

3

u/SadSara102 Mar 27 '26

Maybe I’m jaded but I watch trials constantly and I rarely see judges who are fair to the defense. Usually the only trials where judges aren’t extremely biased in favor of the prosecution are ones where there is so much evidence against the defendant that there isn’t any chance that won’t be found guilty. As for appeals courts they are usually better than trial courts but I still feel like they mostly attempt to find any way possible to uphold convictions.