We find both cases distinguishable. On remand, counsel filed the certificate and stated that he would stand on the prior motion. The parties stipulated that the testimony presented at the prior hearing would be repeated at the current hearing. The court denied the motion. On appeal, we held that the court failed to comply with our mandate because a new motion was not filed and a new hearing did not occur.
Courts permit stipulated evidence in many contexts.
However, in this case, no effort was made to restate for the court's benefit the evidence from the previous hearing, which occurred more than two years earlier, or to argue inferences from the evidence. The court and the parties clearly viewed the second hearing merely as a formality to facilitate review by this court of defendant's contentions. Again, we remanded the cause for a new motion and hearing. Furthermore, although he made essentially the same stipulation that was made in Oliver, this hearing nevertheless was fundamentally different. In Oliver, defense counsel sought and received merely a blind denial of his motion.