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Judge hallucinated date on exhibit and every judge overlooks it ,why?

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0p3ns0urc3s

Active Member
Ahhh. You’re right. I misunderstood. And I think I now understand your argument.

As to what you can do at this point, you are doing it. You are appealing the court’s decision.

I suggest you don’t say that the judge “hallucinated.” Find a better way to state your argument.
How else do you say that someone sees something that is not there?
I am trying to be truthful but the words are failing me. Misrepresented isn't the word because the judge did not put forth anything really.

Please help me find the words then.
 


quincy

Senior Member
Sigh. But mistook nothing for something? She obviously didn't read or look at the exhibit.
I'll try erred. She erred in thinking that there was a date on the exhibit that is not there.
If the judge looked at your phone and saw a dated photo, the judge apparently mistook your photo for the defendant’s photo. Erred is okay, too.
 

cbg

I'm a Northern Girl
Maybe there's a thread that I missed and if so, I'm sorry.

But for the sake of argument, let's say that you get into court and the judge agrees that they erred and there is no date on the photo.

What would you then expect to happen? How would it affect your case?
 

0p3ns0urc3s

Active Member
If the judge looked at your phone and saw a dated photo, the judge apparently mistook your photo for the defendant’s photo. Erred is okay, too.
The judge saw the defendants photo and erred thinking there was a date on the photo. There was no date on the photo. But he testified to the date.

The judge saw my photo and didn't see a date on the photo. But I testified to the date and showed the photo on my phone with a date in the photo details.
 

0p3ns0urc3s

Active Member
Maybe there's a thread that I missed and if so, I'm sorry.

But for the sake of argument, let's say that you get into court and the judge agrees that they erred and there is no date on the photo.

What would you then expect to happen? How would it affect your case?
The judge threw out (mentally) the photo of mine where I showed the car right by mine after the accident occurred.
The judge stated in her decision that the defendants car wasn't in the accident because my photo wasn't dated and theirs was (but it isn't. ) Plain error doesn't have to affect everything. It just has to influence the decision to the appellants detriment.

I would want a new trial or a reversed trial decision.
 

quincy

Senior Member
The judge saw the defendants photo and erred thinking there was a date on the photo. There was no date on the photo. But he testified to the date.

The judge saw my photo and didn't see a date on the photo. But I testified to the date and showed the photo on my phone with a date in the photo details.
Right. So the judge confused your photo with the defendant’s photo. Did you present anything else in court that showed the defendant was the one who damaged your car (e.g., police report)?
 

0p3ns0urc3s

Active Member
Right. So the judge confused your photo with the defendant’s photo. Did you present anything else in court that showed the defendant was the one who damaged your car (e.g., police report)?
Yes and I drew the child driver on the police report where I accurately described the driver and the car. But the judge said nothing of how I could draw a likeness of a minor, unlicensed driver on a police report if I'd never seen the kid driving the car.
Anyway, every judge just ignores all of this without sanctioning me and while saying my appeal has merit.
It's like they want to sweep it under the rug.
Do nothing to draw attention just make it go away.
 

quincy

Senior Member
Yes and I drew the child driver on the police report where I accurately described the driver and the car. But the judge said nothing of how I could draw a likeness of a minor, unlicensed driver on a police report if I'd never seen the kid driving the car.
Anyway, every judge just ignores all of this without sanctioning me and while saying my appeal has merit.
It's like they want to sweep it under the rug.
Do nothing to draw attention just make it go away.
Have you gone over all of this with an attorney in your area? It might be worthwhile for you to purchase a few hours of an attorney’s time to help you with your appeal, or perhaps seek assistance at a local legal aid clinic.
 

0p3ns0urc3s

Active Member
Have you gone over all of this with an attorney in your area? It might be worthwhile for you to purchase a few hours of an attorney’s time to help you with your appeal, or perhaps seek assistance at a local legal aid clinic.
Yes. A lot of people are glad this judge was not elected. I just need someone to look and listen like you. Everyone in the courts avoids it.
 

0p3ns0urc3s

Active Member
Have you gone over all of this with an attorney in your area? It might be worthwhile for you to purchase a few hours of an attorney’s time to help you with your appeal, or perhaps seek assistance at a local legal aid clinic.
It seems they discount what I say because I'm Pro Se. The appeals court addressed this issue at oral argument then left it out of the decision based on no transcript when no one needs a transcript. It is present from the judgment entry decision and exhibits alone.
 
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