[erton1]

The answer to your question depends on whether the ballistics tests were turned over to the defense. If the tests were not turned over to the defense,and they contain exculpatory evidence, that would be reversible error. If they were part of a discovery request for documents and not produced, again reversible error. Normally, I would say the above is non plausible, but in this case I have got out the habit of assuming anything. If the documents were produced to the defendants, then they cannot be be considered new evidence nor prosecutorial misconduct. So, if the documents were produced to the defendants, and they entered into the stipulation, I don't think the 5th will overlook the stipulation nor is it going to be grounds for reversible error. What error do find in either the indictment or the charge? Maybe I missed something, but I didn't find anything wrong with them.

[Iwo Jima]

O.K., this REALLY IS my last post of the evening.

If a defendant stipulates to something that is proven to be untrue and that truth proves ACTUAL INNOCENCE, will an appeals court just say, so what if everybody agrees that you are innocent, you stipulated yourself into prison.

What if you stipulated that you killed someone in self defense and it later turned out that the "deceased" is alive? Will the justice system just say "too bad," better luck next time?

I'll try to catch your reply later, but now I HAVE to go to dinner.