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Added
12-12-04 Appeals Decision
- Bohl This
case is an example of a hearsay defense. This Sacramento defendant won
his appeal. There is an exception to
"hearsay" exclusion, for documents created by a
government employee - but many of the documents the
police may present in court have been created by a
private company's employees, who have no official duty
to report accurately. This decision addressed
the hearsay issue. Because it is an unpublished decision, the Bohl decision cannot be cited as precedent in most California courts, except maybe in Sacramento County. But there is nothing stopping other defendants from using the same arguments Bohl did or from citing the same published cases the Appellate Division relied upon. The appeal decision was
re-typed from the original document.
Edits or explanatory notes by the editor are in double square brackets [[ ]]. This transcript may be freely copied and distributed, so long as credit is given to highwayrobbery.net . Many other cases and /or transcripts are available - see the Index to Transcripts, Briefs, and Court Decisions. Shortly before he died, Pulitzer Prize-winning investigative reporter Gary Webb wrote about Sacramento traffic court and the Bohl case. His Nov. 25, 2004 article, "Red Light, Green Cash," is available by typing "Bohl" into the search box at: http://www.newsreview.com/sacramento/Home . Also, read the Moore case, and the Graham case, other successful appeals of Sacramento tickets.
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