If you can't include it because the lower court ruled it was too late, it means there is no valid appeal, in that the appeals court is forced to accept at least the lower court's decision on what evidence the jury could see, and that would negate the very idea of an appeal.

The higher court can still overrule on appeal. It just has to say, "no it wasn't too late". That doesn't require looking at the material.

Should the appeals court make such a ruling, the material would then become available for evidence.

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• Ah but ... - Authored by: webster on Friday, September 07 2012 @ 02:06 PM EDT
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