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  1. #11
    Join Date
    Dec 2019
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    156

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Quote Quoting cdwjava
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    It is not useless nor meaningless. But, it is also NOT any form of direct evidence. Uses do exist.
    Call it whatever type of evidence. If it is highly influential to an insurance company or a jury, then it is important evidence or testimony.

    Even then, the report would be useless as direct evidence. I don't know what "quashing" it might do since it is not evidence. The information contained within can still be testified to by the officer who prepared it and the parties and witnesses to the collision itself. (Plus, I am not sure "quashing" it is even possible ... it's a report, not evidence, and not a subpoena or other process.)
    Again, if the jury was shown a police report, it would be highly influential.

    What I meant by "quashing" is that my attorney had to file a motion to suppress the police report. If he hadn't done that I suspect the defense would have admitted it into evidence and shown it to the jury. Also, I filed a supplemental to the police report days after the accident and before I retained an attorney due to the false and missing information in it. I also requested a meeting with the officer but he would not respond to my multiple emails to him. In that supplemental I claimed the other accident victim gave false information to the police officer and he recorded it on the police report. During trial the defense attorney wanted to question the other accident victim on the stand to refute my supplemental and begin to introduce contents of the report as testimony or evidence in front of the jury. But, the other victim refused a subpoena so I will never know exactly if the defense attorney would have been able to read the report in front of the jury. Either way, that report would have been highly influential to a jury...regardless of what type of evidence it is.

    Only to those who accept the conclusions therein. Something the insurance companies are not legally bound to do.
    Who cares if they are legally bound. The insurance company and an attorney will use the report to whatever advantage they can.

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,523

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Quote Quoting CONNOR99
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    Call it whatever type of evidence. If it is highly influential to an insurance company or a jury, then it is important evidence or testimony.
    The report is NOT evidence. While it might be "influential" or even "important", it is not evidence.

    Again, if the jury was shown a police report, it would be highly influential.
    In nearly 30 years, I have never once seen a REPORT submitted as EVIDENCE. I have seen portions of it referenced at trial in order to trip up witnesses, but never have I seen one submitted as evidence. It is no more evidence than something YOU might write prior to a court hearing regarding what you said you observed and did.

    What I meant by "quashing" is that my attorney had to file a motion to suppress the police report. If he hadn't done that I suspect the defense would have admitted it into evidence and shown it to the jury. Also, I filed a supplemental to the police report days after the accident and before I retained an attorney due to the false and missing information in it. I also requested a meeting with the officer but he would not respond to my multiple emails to him. In that supplemental I claimed the other accident victim gave false information to the police officer and he recorded it on the police report. During trial the defense attorney wanted to question the other accident victim on the stand to refute my supplemental and begin to introduce contents of the report as testimony or evidence in front of the jury. But, the other victim refused a subpoena so I will never know exactly if the defense attorney would have been able to read the report in front of the jury. Either way, that report would have been highly influential to a jury...regardless of what type of evidence it is.
    I am at a loss as to how one suppresses a police report. Even if the jury was unable to see the police report (and I have never once known a report to be presented to a jury in a civil or criminal case), the parties - including the officer - could still testify as to what they observed and did. So, "suppressing" or "quashing" the report would seem to be a pointless endeavor.

    Who cares if they are legally bound. The insurance company and an attorney will use the report to whatever advantage they can.
    Both sides do that. They can also use statements made over the phone against people ... documents signed and presented ... even social media posts. Anything can be used for or against you given the right motivation and context.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #13
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Quote Quoting cdwjava
    View Post
    The report is NOT evidence. While it might be "influential" or even "important", it is not evidence.


    In nearly 30 years, I have never once seen a REPORT submitted as EVIDENCE. I have seen portions of it referenced at trial in order to trip up witnesses, but never have I seen one submitted as evidence. It is no more evidence than something YOU might write prior to a court hearing regarding what you said you observed and did.


    I am at a loss as to how one suppresses a police report. Even if the jury was unable to see the police report (and I have never once known a report to be presented to a jury in a civil or criminal case), the parties - including the officer - could still testify as to what they observed and did. So, "suppressing" or "quashing" the report would seem to be a pointless endeavor.


    Both sides do that. They can also use statements made over the phone against people ... documents signed and presented ... even social media posts. Anything can be used for or against you given the right motivation and context.
    I witnessed a defense attorney try very hard to get the police report, or parts of it, before the jury. He couldn't do it because of a refusal of a subpoena. I sat through fifteen minutes of questioning on the contents of the police report at the deposition. Why would he do that if none of it can be presented to the jury?

    The purity, honesty and predictability of our justice system is not there. I witnessed lying by everyone who took the stand and even by the defense lawyer. I watched the defense lawyer enter new evidence and outright, provably lies into his closing statements which is forbidden. So when you cite the ways things should go in a courtroom, I know you are just stating theory, or maybe your experience, but not reality.

  4. #14
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,523

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Quote Quoting CONNOR99
    View Post
    I witnessed a defense attorney try very hard to get the police report, or parts of it, before the jury. He couldn't do it because of a refusal of a subpoena. I sat through fifteen minutes of questioning on the contents of the police report at the deposition. Why would he do that if none of it can be presented to the jury?

    The purity, honesty and predictability of our justice system is not there. I witnessed lying by everyone who took the stand and even by the defense lawyer. I watched the defense lawyer enter new evidence and outright, provably lies into his closing statements which is forbidden. So when you cite the ways things should go in a courtroom, I know you are just stating theory, or maybe your experience, but not reality.
    Or, your experience was an anomaly, or there were things occuring that you did not understand. I strongly suspect I have been involved in waaaaaaay more court cases than you have. But, it also sounds as if you were involved in a civil case, and those have some slightly different rules and procedures than a criminal court. I have observed very few civil cases at any level.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #15
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Auto Accident Happened on Center Turn Lane Only

    Quote Quoting cdwjava
    View Post
    Or, your experience was an anomaly, or there were things occuring that you did not understand. I strongly suspect I have been involved in waaaaaaay more court cases than you have. But, it also sounds as if you were involved in a civil case, and those have some slightly different rules and procedures than a criminal court. I have observed very few civil cases at any level.
    I have a lot of respect for your willingness to see things from both sides of the fence, but I also see your natural reflect to cast doubt on what I experienced.

    Casting doubt and being painted by those in our justice system sickens me now. Sorry, I am jaded and a true victim of our system.

    Oh, and I believe I have more experience with civil cases than you, but I am still no expert.

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