15 July 2017

Santa, The Easter Bunny, & the FCC

A defense attorney is trying to get a trial judge to take judicial notice of something published on the FCC's website, fcc.gov, which is unmistakably a federal government website. This is how the Virginia Court of Appeals reports the conversation:
From Ragland v. Commonwealth in March 2017:

 [Trial Court]: But it isn’t a fact, [counsel], just because the Federal Government says it’s a fact.

[Defense Counsel]: Well, it is an official publication of the government.

[Trial Court]: Of the Federal Government which I barely recognize in this Courtroom.

. . . [further discussion] . . .

 [Trial Court]: I’m unpersuaded. I’m unpersuaded that FCC.gov is something that’s binding on this Court. I mean I’m not, I’m just telling you that I virtually guarantee you I could look up FCC. something or other and it could easily be a rogue site that I wouldn’t have any idea.
 The defense attorney was trying to provide evidence that the cell phone his client was caught smuggling into a jail might be a satellite phone or maybe a wireless phone or internet phone or something else.  The appellate court found all of that irrelevant anyway and blew right past the trial court's disbelief in the FCC and it's obviously governmental website while affirming the conviction.