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In the Case of State V

Question 47

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In the case of State v. Odom, a prosecution for criminal solicitation of a minor over the Internet due to his discussion with a police officer posing as a 14-year-old underage female, the defendant was convicted. The trial judge allegedly took judicial notice that the defendant was over the age of majority based on his date of birth in the state's driver's license records. The judge instructed the jury that the court had taken judicial notice of the defendant's age and that such notice was not subject to dispute and the jury was required to accept it as a fact in the case. Did the reviewing court conclude that judicial notice was appropriately taken by the trial judge by virtue of reliance on the state's driver's license records? Was this conclusion affected by the judge's charge to the jury that such judicial notice was not subject to dispute by the jury? Could the taking of judicial notice, even though improper, be considered harmless error in some cases? Explain.

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The reviewing court concluded that judic...

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