Monday, October 18, 2021

Inadmissible?

 Ahmaud Arbery Case: Seven Facts the Jury Will (Probably) Never Hear [More]

We'll see if he's right and if excluding anything could be the basis for an appeal.

[Via Michael G]

Posted by David Codrea at 10/18/2021 11:30:00 AM

1 comment:

Archer said...

IANAL, but reading through his list, almost all of it could not have been known by the defendants at the time, and so very likely is inadmissible.

The only exception could be the more-thorough drug test results. If the defendants observed Arbery acting strangely or irrationally and concluded he might be high -- enough so that a drug test was administered in the first place -- then the stronger, more accurate test results should be admissible, based on their observations of information available to them at the time.

If nothing else, I can't see any reason to allow the State to introduce drug test results -- thus putting the deceased's blood toxicology on the table -- but then disallow the defense to introduce results from a different drug test. And declaring evidence favorable to the defense inadmissible, when there is ample reason to allow it, should be grounds for appeal if the defendants are convicted.

Everything else, though, is probably out. The defendants didn't have any way of knowing any of it, and so it could not have influenced their actions.

But again, IANAL. Or a judge. Nor do I play one on TV.

10/18/2021 7:23 PM

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