JUDGE ORDERS ATTORNEYS TO BREAK LAW
Judge Herbert Moriarity, after identifying and acknowledging Ineffective Assistance of Counsel, ordered the trial to continue, thereby knowingly and willfully violating the defendant's Sixth Amendment Guarantee to Counsel. But he didn't stop there.Judge Herbert Moriarity ORDERED A HOSTILE WITNESS TO BE CALLED, AND RELIED ON THE MEMORY OF THE HOSTILE WITNESS FROM 2 YEARS BACK, AGAINST WHOSE DEPARTMENT THE DEFENDANT FILED A PERJURY REPORT.
Judge Herbert Moriarity blatantly violated Statutory Rules Of Evidence by ordering two Florida attorneys to violate Florida State Statute fss§90.802 (hearsay rule), and call a hostile witness, and rely on her 2 year old recollection. This further violated fss§90.403 (exclusion on grounds of prejudice or confusion), and fss§90.612(1)(a) (facilitate the discovery of the truth) when Judge Herbert Moriarity stated on the record that discovery (civil trials rely on discovery to fulfill the "Best Evidence Rule") did NOT determined an important question of fact. Videotapes, admissible under, fss§90.803(6)(a), were present and readily available.
Both attorneys willingly went along with Judge Herbert Moriarity (Conspiracy), further denying the Defendant his right to a fair trial, Guarantee to Counsel, and exposing the defense to further prejudice.
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90.802 Hearsay rule.--Except as provided by statute, hearsay evidence is inadmissible.
History.--s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
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90.803 Hearsay exceptions; availability of declarant immaterial.-- The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness:
(1) SPONTANEOUS STATEMENT.--A spontaneous statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when such statement is made under circumstances that indicate its lack of trustworthiness.
(2) EXCITED UTTERANCE.--A statement or excited utterance relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
(3) THEN-EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION.--
(a) A statement of the declarant's then-existing state of mind, emotion, or physical sensation, including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health, when such evidence is offered to:
1. Prove the declarant's state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action.
2. Prove or explain acts of subsequent conduct of the declarant.
(b) However, this subsection does not make admissible:
1. An after-the-fact statement of memory or belief to prove the fact remembered or believed, unless such statement relates to the execution, revocation, identification, or terms of the declarant's will.
2. A statement made under circumstances that indicate its lack of trustworthiness.
(4) STATEMENTS FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT.--Statements made for purposes of medical diagnosis or treatment by a person seeking the diagnosis or treatment, or made by an individual who has knowledge of the facts and is legally responsible for the person who is unable to communicate the facts, which statements describe medical history, past or present symptoms, pain, or sensations, or the inceptions or general character of the cause or external source thereof, insofar as reasonably pertinent to diagnosis or treatment.
(5) RECORDED RECOLLECTION.--A memorandum or record concerning a matter about which a witness once had knowledge, but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made by the witness when the matter was fresh in the witness's memory and to reflect that knowledge correctly. A party may read into evidence a memorandum or record when it is admitted, but no such memorandum or record is admissible as an exhibit unless offered by an adverse party.
(6) RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY.--
(a) A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinion, or diagnosis, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the sources of information or other circumstances show lack of trustworthiness. The term "business" as used in this paragraph includes a business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.