Minneapolis, MN asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Minnesota

Q: If a judge lies in his findings that a doctor testified the "victim" had injuries when the doctor said opposite = fraud?

Is that not the definition of (fraud on the court) or judicial error?

2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: The use of the term lies implies that the judge intentionally said or wrote something that was untrue knowing that it was untrue. Making a finding that was inconsistent with the record presented in court would be error. But error is only significant if it is reversible error and you don’t present nearly enough information to intelligently evaluate that question.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Unlikely. After all, fraud is a deliberate act with the intent of obtaining an unauthorized benefit, by using deception, believed and relied upon by others. If a judge describes witnesses testimony as being the opposite of what is in the transcript, that could be error, perhaps even reversible error (depending), if the one or more of the parties were to appeal the case to an appellate court for review.

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