On 24 Sep 2004 19:29:33 -0700, thinkonaut@yahoo.com wrote:
Does anyone know if it is possible to appeal a judge's verdict in a
traffic court case? What I mean is, suppose I disagree with how the
judge weighed the evidence? Can I appeal on that basis?
More specifically, if a judge only takes into account certain facts,
but not all facts, I would like to say that he has not sufficiently
examined the "totality of the circumstances" and therefore find that
the court erred. Will that fly?
Adrian
Depends on the state. Usually there will be some avenue for appeal.
There may be a short deadline for the necessary papers, so don't
delay.
You will need to learn how the law applies to your offense and what is
within the judge's discretion and what is not. The appeals court may
rule in your favor if you can prove a mistake of law or an abuse of
discretion.
Generally, the judge does not have to look at the totality of the
circumstances. He only has to look at enough facts to determine
whether all the elements of the offense are present or not. He can
disregard facts that have no bearing on whether an element of the
offense was committed. Also, he has the discretion to disregard
evidence he does not believe.
--
Not a lawyer,
Chris Green
