I have an appeal that I am working on and one of the points of error I am trying to wrap my head around how to answer.
Long story short - 2 statements were taken from witnesses and a letter. State moved to admit. Defense objected as to hearsay. It was sustained. A little later, it appeared to become admissible state moved to admit. Defense objected and again sustained. Officer did state that statements were taken from the named witnesses.
Now the appeal is that defendant's constitutional rights were violated under fundemental fairness grounds. I have no clue where to start answering where the defendant won their objections and now want a new trial. Ideas? Seems to be a straight up 6th/14th due process argument.
Posts: 128 | Location: TX | Registered: March 05, 2003