Ex parte communication leads to prosecutor getting a continuance

I had a motion to suppress scheduled for a hearing last Thursday in Harris County.  The hearing was scheduled to determine the admissibility of blood results from a hospital blood draw in my Houston DWI case.  I show up and approach the Judge with the prosecutor that was handling the case.  The following is the dialog that transpired:

Prosecutor:  Judge, this is the case we talked about yesterday.

Me:  Judge, I don't remember being a party to that conversation.

Judge:  I don't remember anything about a conversation about this case.

The problem is, there is not suppose to be any communication between the Judge and a party to the lawsuit without the other party being present.  These are the rules that we are all suppose to play by.  Unfortunately, not all of the Judges, prosecutors and I'm sure defense lawyers always play by those rules.  All I ask for in my profession is a level playing field where everyone follows the rules - including prosecutors and most importantly Judges.

So what was the outcome of the hearing you might wonder?  The case was reset for the second time at the request of the prosecutor over our objection both times.  Go figure.

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