Quote:
Originally Posted by pornlaw
You can never introduce new evidence on appeal. (exceptions for criminal death penalty cases I think) If the trial court didnt get to see it the appellate court doesnt get to take it into consideration.
And those reports will never make into a trial court since the Daubert motion will probably exclude it as not being relevant to the case at hand. ( http://en.wikipedia.org/wiki/Daubert_standard )
Im not arguing with you just pointing out that the studies that show STI rates in the industry dont mean anything to anyone except AHF who are using them for PR. They will probably not even be allowed to be introduced as evidence. |
I wont argue with ya there its beyond my paygrade I had no law school but it just seems likely to me, and admittedly appeal may be the wrong word, whatever action that challenges the law on whatever basis...seems like to me thats gonna be the battleground since this is a public health issue. (presumeably)