While it is true that some elements of an offense may be proved by circumstantial evidence and the logical inferences therefrom, the mere physical appearances of J.C.J. and J.C. do not present sufficient evidence to prove the ages of J.C.J. and J.C. beyond a reasonable doubt.
This could be important in many different contexts. It is also important for trial practitioners to remember that physical gestures or other facts that may be obvious to everyone in a courtroom are not obvious in a transcript. For example, if the cop physically dwarfs your client, make sure the written record reflects that fact, which may be very important in coercion/consent cases.
[Update: the state did not file a PR and the mandate issued March 8, 2007]
No comments:
Post a Comment