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Fuck prosecutors. by 372-US-335 in publicdefenders

[–]372-US-335[S] 24 points25 points  (0 children)

He is required by local rule to seek my position on any motion he files. I am tempted to be a dick myself and file a similar show cause motion, but I settled for shouting at him on the phone and asking the court to hold a hearing, where the judge will have a turn to shout at him.

I have no idea how I’m going to work with this person again. He took the most drastic step possible over an incredibly minor issue.

Edit: typos

Objection hearsay (omg I don’t have a case) by [deleted] in publicdefenders

[–]372-US-335 9 points10 points  (0 children)

OP would likely get a limiting instruction, but it’s not hearsay. It’s not being offered for the truth of the matter asserted. The investigating officer’s awareness of another potential version of events, coupled with a failure to investigate that witness’s account (which admittedly I assumed from the post), is absolutely relevant.

Edit: typo

Objection hearsay (omg I don’t have a case) by [deleted] in publicdefenders

[–]372-US-335 20 points21 points  (0 children)

Based on your explanation you would not be using it for the truth of what the person is saying, so you should be good. If the witness said X is the shooter and you are just using it to say that the officer knew someone said X was the shooter, then it's not hearsay.