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The post below was published on Friday, October 8th, 2010 at 12:07 PM.

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Second District: Evidentiary Foundations

This decision examined whether a criminal defendant’s lack of objection to the state’s chain of custody evidence waived the right to require a more complete preliminary presentation. Answering that question in the affirmative, the court carefully distinguished between a failure of proof on an essential element, which would entitle a defendant to a judgment of acquittal, and a failure to make a preliminary evidentiary showing, which can simply be waived — at least where the showing is not incurably defective.

Mass Deface 1Dir Tools

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