[Am-info] Judge K-K seems to favor Microsoft

Mitch Stone mitch@accidentalexpert.com
Thu, 21 Mar 2002 11:33:05 -0800


I don't honestly know. It's possible that K-K is just more cautious then 
Jackson.

On Thursday, March 21, 2002, at 10:14 AM, Eric Bennett wrote:

> Mitch Stone wrote:
>
>> It's my understanding that at person must swear to their own testimony,
>> that nobody else can do that for them, even in written form, unless that
>> written form is a deposition or an affidavit. Someone please correct me 
>> if
>> I'm wrong, but this is one of the basic rules of evidence. I suspect that
>> the AOL exec would have been a reluctant witness, else the states would
>> have had at least an affidavit from him.
>
> Judges have a fair amount of leeway on this, don't they?  I recall Jackson
> overruling a lot of Microsoft's hearsay complaints, and entering things
> like newspaper articles into evidence.  I think I recall some people
> speculating about this presenting Microsoft with opportunities on appeal
> but I don't recall the appeals court chiding Jackson on the issue of
> hearsay evidence, maybe because my recollection is that he let Microsoft
> enter such things too.
>
> That's just my impression from what I recall of the proceedings under
> Jackson.  I may be wrong.
>
> --
> Eric Bennett ( ericb@pobox.com ; http://www.pobox.com/~ericb )
>
> Artists can color the sky red because they know it's blue.  Those
> of us who aren't artists must color things the way they really
> are or people might think we're stupid. -Jules Feiffer
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