Appealing a Criminal Case Part 6

When you’re at trial, when they plead for the jury, request that the court reporter take it down, Ok? Court reporters don’t want to do that. Ok? They just want to, they’ll just stop, and they’ll let, in the record it’ll show recording played. What if their recording gets lost? Or damaged! Which happens. Ok? If the court reporter takes it all down then you at least have some record of what the jury heard! You have some record! Also note on the record if you can, the little time count you know the numbers that’s the DVDs and CDs are played. So that you can, you can discuss coherently on appeal from point, 1234 to 5678 is what was played for the jury.

Does that make sense? You all getting that? Ok! Make sure that the exhibits that were given to the jury or in the record. Now something you can do. I had difficulty with the, ok I’ll say what court Mark Lujan’s court, there you go! And, his court reporter refused to let me look at the, DVDs that were, inner dent to evidence on appeal, refused! She said,” well you have get a court order from the judge” ok well its judge Lujan good luck with that! Ok? And in-between honeying and playing golf I couldn’t nail em’ down to roll on my motion.

So what you can do is you file a motion with the appellate court who has jurisdiction and you get the appellate court to order the trial court to send all the original up to appellate court. Ok? It may piss off your trial court but I love it when it happens. Because they’re trying to play hard ball with you and you’re like guess what, you’re not in charge anymore the appellate court is! Exhibits go up! And the appellate courts, I’ve never had a problem’ with them letting me look at DVDs or CDs or anything like that. The court of criminal appeals would do the same thing. If they have it up there you can go to Austin and they’ll put you in a law room and you can listen to It or watch it.
Yes sir?

Great! What Chad and Mike said, we all practice in the 4th court of appeals here as that If you take them a disc or they may even have a disc, they’ll give you and they’ll copy the exhibits, which make life so much more, so much easier.
Audience: those exhibits, you can give to the client!

That’s true! As Mike said you could also give that to the client if he wants it. And that makes the clients very happy, when the case’s over. Also ask yourself what happened to the property or the actual tangible evidence? Where is it? Where was it stored? For those people who handle capitals like, like Cynthia and Mourne and Mike and, and Chad probably now.

The Attorneys
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez