06-18-2011, 10:39 AM
(06-18-2011, 02:40 AM)IMaDick Wrote: opening statements aren't evidence.
However . . . both sides may concede to certain points before trial and during testimony. These points are then treated as facts or evidence.
One of them being Casey is a liar. Both the defense and prosecution do not dispute her lying.
Another being that Casey never relinquished custody or possession of her child to others. Both the defense and prosecution agree on this issue.
Once both sides agree on an issue, the jury can consider this as "evidence" or facts during their deliberations, whether or not it was formally debated in court, by counsel.
I'm sure during your LE career you have seen many responses to allegations, within a complaint, stating "Plaintiff/Defendant does not dispute Plaintiffs's/Defendant's allegation . . . ".