Objections (Ch.5) Flashcards
Who is responsible for challenging evidence or getting it in?
Lawyer (NOT judges)
two ways to object
- by objection
2. by a motion to strike
objection
occurs before the evidence emerges fully
motion to strike
occurs after the evidence has entered the record
Requirements for objections
- has to be timely
- need to state the specific ground for any objection
* sometimes it is apparent from the context
timely (for objections)
must object to the evidence as soon as the ground for the object is known or reasonably should be known
Who offers proof?
The one offering the evidence
offer of proof
how you defend the evidence - show judge what the evidence entails
*need to offer proof to preserve objection for appeal
What do you do if a judge defers a motion in limine?
You need to renew objections and offer proof at trial
“Sustained”
judge agrees with an evidentiary objection - excludes the evidence
“Overruled”
judge disagrees with the objection - admits the evidence
Do limiting instructions work?
No, most people are skeptical about their effectiveness. Some people believe they can be harmful - bring attention to what the evidence CANNOT be used for.
What is the appellate standard of review for evidentiary issues?
abuse of discretion
Why is abuse of discretion the standard of review?
Trial judges more familiar w/evidence - defer to trial judge
When is a “substantial right” of one of the parties affected?
If there is a reasonable probability that if the judge had made the correct ruling, the outcome of the case would have been different
What is de novo?
a standard of review
When do judges review de novo?
When a trial judge misinterprets a FRE or applies the wrong legal standard at trial
* RARE
What happens when a party fails to preserve an objection at trial?
Court will only reverse if there was a plain error
plain error
- a standard of review
- the error is
1. clear and and obvioius under current law,
2. affects a party’s susbstantial rights and
3. would seriously affect the fairness, integrity or public reputation of judicial proceedings if left uncorrected
Can a jury hear evidentiary disputes?
the process should shield the jury
Error: judge admitted the evidence you want kept out
You must:
- Preserve the claim
a. Object or move to strike
b. Do it in a timely manner
c. Be specific about the reason (unless it is apparent from context) - AND show the mistake affected a substantial right
Do you need to list all the grounds for objecting?
Yes! List them all
Error: judge excluded the evidence you want in
- preserve???
- show the mistake affected a substantial right and
- offer proof
Ohler v. United States
a defendant who preemptively raises a prior conviction during direct examination waives the right to challenge the judge’s pretrial ruling on appeal
How do you get evidentiary rulings reviewed?
- appeal the judgment
2. interlocutory appeal (very unlikely)
abuse of discretion
the judge failed to exercise discretion in the mistaken belief that they was bound by a rule
types of error
- reversible - probably did affect judgment
- harmless - probably did not affect judgment
- constitutional - ruling affected a constitutional right (lawyer comments on defendant not testifying)
- appellate court doesn’t have to reverse if the prosecution shows beyond a reasonable doubt that the error was harmless - Plain error - warrants relief on appeal even though the appellant did not preserve the question
Chapman v. California
I: lawyer commented on defendant not testifying
R: appellate court doesn’t have to reverse if the prosecution shows beyond a reasonable doubt that the error was harmless
interlocutory appeal
pause trial - go to appellate court - get answer, go back to trial court
invite error
preemptively do something
opening the door
excludable/irrelevant evidence that becomes relevant because introduced the matter
