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Excluding Evidence In Trial
Summary
Incorrect case numbers on DNA reports in Oklahoma can lead to evidence exclusion if they impact integrity. Filing a motion to exclude is an option. Include improper submission methods and chain of custody issues in your motion. For replacing a public defender, file a Motion to Replace Public Defender with specific examples of inadequate representation. Use a standard 12-point font for motions and attach supporting evidence as exhibits. Contact OSBI for DNA evidence handling protocols.Full Conversation
criminal case
Hey Chris! Could you provide some more details about the criminal case you're dealing with? This will help me provide you with the most relevant information.
there is a criminalistic examination report of DNA testing. However, the case number its in reference to is not correct and is the case number of someone elses case entirely. Is this grounds to get such evidence excluded from trial?
Hey Chris! In Oklahoma, evidence can potentially be excluded if there are issues with its accuracy or relevance. Here are some factors to consider:
- Incorrect case number may indicate a clerical error.
- The defense can argue that the error impacts the integrity of the evidence.
- The court will decide if the error is significant enough to exclude the evidence.
Have you discussed this with your attorney?
- Incorrect case number may indicate a clerical error.
- The defense can argue that the error impacts the integrity of the evidence.
- The court will decide if the error is significant enough to exclude the evidence.
Have you discussed this with your attorney?
yes but he doesn't seem to care to help me. he's a public defender
Case Rating: *
Hey Chris! While public defenders are often very busy, they are still obligated to represent you to the best of their ability. You might consider filing a motion yourself to exclude the evidence or seek advice from another legal professional. Would you like guidance on how to file a motion?
Hey Chris! While public defenders are often very busy, they are still obligated to represent you to the best of their ability. You might consider filing a motion yourself to exclude the evidence or seek advice from another legal professional. Would you like guidance on how to file a motion?
yes
Case Rating: *
Hey Chris! If you're looking to file a motion to exclude evidence yourself, here's a brief guide:
- Title: "Motion to Exclude Evidence"
- Introduction: State your name, case number, and the evidence you wish to exclude.
- Body: Explain the error (incorrect case number) and how it affects the integrity of the evidence.
- Conclusion: Request that the court exclude the evidence due to this error.
Would you like more detailed information on any of these steps?
Hey Chris! If you're looking to file a motion to exclude evidence yourself, here's a brief guide:
- Title: "Motion to Exclude Evidence"
- Introduction: State your name, case number, and the evidence you wish to exclude.
- Body: Explain the error (incorrect case number) and how it affects the integrity of the evidence.
- Conclusion: Request that the court exclude the evidence due to this error.
Would you like more detailed information on any of these steps?
but also the report shows that the biological evidence was submitted to the osbi via us postal service which is supposedly a no go. should I include that for reasoning in the motion as well?
Case Rating: *
Yes, including the information about the biological evidence being submitted via the US Postal Service could strengthen your motion.
You should:
- State the improper submission method.
- Explain why this method is not allowed.
- Argue how this impacts the chain of custody and integrity of the evidence.
Yes, including the information about the biological evidence being submitted via the US Postal Service could strengthen your motion.
You should:
- State the improper submission method.
- Explain why this method is not allowed.
- Argue how this impacts the chain of custody and integrity of the evidence.
okay another question. if the DNA evidence in question was obtained and stored in another state at state bureau of investigations and was to be sent to this state, the state where the alleged crime took place, is it standard protocol to release this evidence to the investigating sheriff or release it straight to the osbi?
Case Rating: *
Hey Chris! The standard protocol for transferring DNA evidence can vary, but generally:
- The evidence should be transferred in a secure manner to maintain the chain of custody.
- It could be sent to the investigating sheriff or directly to the OSBI (Oklahoma State Bureau of Investigation), depending on the specific procedures and agreements between agencies.
Have you checked the specific protocols with your attorney or the OSBI?
Hey Chris! The standard protocol for transferring DNA evidence can vary, but generally:
- The evidence should be transferred in a secure manner to maintain the chain of custody.
- It could be sent to the investigating sheriff or directly to the OSBI (Oklahoma State Bureau of Investigation), depending on the specific procedures and agreements between agencies.
Have you checked the specific protocols with your attorney or the OSBI?
I cant seem find the info when search myself. can search the osbi and find out please
Case Rating: *
Chris, I can provide some general guidance on how to find this information. You might want to contact the OSBI directly to inquire about their protocols for handling DNA evidence.
Phone: (*) *-*
Website: https://osbi.ok.gov/
Would you like more help with anything else related to your case?
Chris, I can provide some general guidance on how to find this information. You might want to contact the OSBI directly to inquire about their protocols for handling DNA evidence.
Oklahoma State Bureau of Investigation (OSBI)
Phone: (*) *-*
Website: https://osbi.ok.gov/
Would you like more help with anything else related to your case?
if I send u a picture of the lab report could look at it and answer a couple questions for me to see if I'm understanding correctly?
Case Rating: *
Hey Chris, I can't review lab reports or images directly, but I can help answer your questions based on general legal principles and provide guidance. What specific questions do you have about the lab report?
Hey Chris, I can't review lab reports or images directly, but I can help answer your questions based on general legal principles and provide guidance. What specific questions do you have about the lab report?
nevermind on the last request
Case Rating: *
Hey Chris, no worries! Is there anything else specific that you'd like assistance with regarding your case? I'm here to help with any questions you might have.
Hey Chris, no worries! Is there anything else specific that you'd like assistance with regarding your case? I'm here to help with any questions you might have.
yes. how to file a motion to fire my public defender and be appointed another one
Case Rating: *
Hey Chris! To file a motion to fire your public defender and be appointed another one, you can follow these steps:
*. Title: "Motion to Replace Public Defender"
*. Introduction: State your name, case number, and the name of your current public defender.
*. Body:
- Explain why you believe your public defender is not adequately representing you.
- Provide specific instances or examples of neglect or inadequate representation.
*. Conclusion: Request that the court appoint a new public defender to ensure your right to effective legal representation.
Would you like help with any particular part of this process?
Hey Chris! To file a motion to fire your public defender and be appointed another one, you can follow these steps:
*. Title: "Motion to Replace Public Defender"
*. Introduction: State your name, case number, and the name of your current public defender.
*. Body:
- Explain why you believe your public defender is not adequately representing you.
- Provide specific instances or examples of neglect or inadequate representation.
*. Conclusion: Request that the court appoint a new public defender to ensure your right to effective legal representation.
Would you like help with any particular part of this process?
IS THERE A SPECIFIC FONT SIZE REQUIRED WHEN TYPING A MOTION
Case Rating: *
Hey Chris! For filing motions in Oklahoma, the specific font size is generally not mandated by state law, but it's a good practice to use a standard, readable font size such as *-point in a professional font like Times New Roman or Arial.
Is there anything else you need help with for your case?
Hey Chris! For filing motions in Oklahoma, the specific font size is generally not mandated by state law, but it's a good practice to use a standard, readable font size such as *-point in a professional font like Times New Roman or Arial.
Is there anything else you need help with for your case?
IF I HAVE SCREENSHOTS OF CORRESPONDANCE BETWEEN MY PUBLIC DEFENDER AND MYSELF SUPPORTING MY CLAIM DO I ATTACH THEM TO THR MOTION OR JUST MENTION IN THE MOTION THAT I HAVE THEM
Case Rating: *
Hey Chris! You should mention in your motion that you have screenshots supporting your claim and then attach the screenshots as exhibits to the motion. This way, the court can easily reference the evidence you are mentioning.
Is there anything else you need help with?
Hey Chris! You should mention in your motion that you have screenshots supporting your claim and then attach the screenshots as exhibits to the motion. This way, the court can easily reference the evidence you are mentioning.
Is there anything else you need help with?
WHATS THE ACTUAL NAME OF THIS MOTION
Case Rating: *
Hey Chris! The actual name for the motion you're looking to file is typically called a "Motion to Withdraw Counsel." This motion requests that the court allow your current public defender to withdraw from the case and appoint a new one.
Would you like more help with this process or any other part of your case?
Hey Chris! The actual name for the motion you're looking to file is typically called a "Motion to Withdraw Counsel." This motion requests that the court allow your current public defender to withdraw from the case and appoint a new one.
Would you like more help with this process or any other part of your case?
HOW SHOULD I START THE BODY OF MY MOTION
Case Rating: *
Hey Chris! Here’s a suggested way to start the body of your "Motion to Withdraw Counsel":
*. Introduction:
- "I, [Your Name], am the defendant in case number [Your Case Number]. I am filing this motion to request that my current public defender, [Public Defender's Name], be withdrawn from my case and that a new public defender be appointed."
*. Body:
- "I believe that my current public defender is not adequately representing me for the following reasons: [List specific instances of neglect or inadequate representation]."
- "I have supporting evidence, including screenshots of correspondences, which are attached as exhibits to this motion."
Would you like any more detailed information or help with another part of your case?
Hey Chris! Here’s a suggested way to start the body of your "Motion to Withdraw Counsel":
*. Introduction:
- "I, [Your Name], am the defendant in case number [Your Case Number]. I am filing this motion to request that my current public defender, [Public Defender's Name], be withdrawn from my case and that a new public defender be appointed."
*. Body:
- "I believe that my current public defender is not adequately representing me for the following reasons: [List specific instances of neglect or inadequate representation]."
- "I have supporting evidence, including screenshots of correspondences, which are attached as exhibits to this motion."
Would you like any more detailed information or help with another part of your case?
what's it called when ur attorney is neglecting his duties to the case
Case Rating: *
Hey Chris! When an attorney is neglecting their duties to a case, it is often referred to as "ineffective assistance of counsel." This can be grounds for filing a motion to withdraw counsel or even an appeal if it significantly impacts the case outcome.
Would you like more detailed information on ineffective assistance of counsel or anything else?
Hey Chris! When an attorney is neglecting their duties to a case, it is often referred to as "ineffective assistance of counsel." This can be grounds for filing a motion to withdraw counsel or even an appeal if it significantly impacts the case outcome.
Would you like more detailed information on ineffective assistance of counsel or anything else?
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