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To: Devil_Anse; Labyrinthos
And..very simply in layman's terms...
If the Judge thought it inappropriate for lay witness to testify to state of mind, he would have not allowed it.
(and Geragroid would surely have objected, objection sustained and the testimony stricken...it wasn't)
66 posted on 06/10/2004 2:54:20 PM PDT by Jackie-O
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To: Jackie-O

I wasn't there and I haven't read the transcript, and therefore I have no idea what actually took place other than what was reported in the NY Post. The failure of counsel to object, however, doesn't mean that the question or response was proper. A seasoned trial lawyer knows not to object to every objectional question because even if the court sustains every objection, the jury will think you're an A-hole and hold it against the client. A good trial lawyer should expend objections as if there are only a finite number available. Also, judges are wrong all the time, and the failure of a judge to sustain an objection doesn't mean the judge was right. If that was the case, then we wouldn't need multiple levels of appellate courts. The sad truth is that many judges, particularly on the state level, are not appointed or elected to the bench because they were great trial lawyers or brilliant scholars, but because they know whose behind to kiss.


70 posted on 06/10/2004 3:29:50 PM PDT by Labyrinthos
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To: Jackie-O
And..very simply in layman's terms... If the Judge thought it inappropriate for lay witness to testify to state of mind, he would have not allowed it. (and Geragroid would surely have objected, objection sustained and the testimony stricken...it wasn't)

Nancy Grace and some others discussed this judge's (?name?) inclination to interrupt when he feels the witness needs to answer more clearly. Or, am I thinking of a different case...hmmm

71 posted on 06/10/2004 4:09:12 PM PDT by lakey
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To: Jackie-O

Amen to that! What else is Geragos getting paid for?! To look pretty? LOL... (barf).


75 posted on 06/10/2004 4:59:16 PM PDT by Devil_Anse
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