“What did the defendant say when he put the gun in your face?”


In a 2-page paper, state the objection (or why there is not an objection and thus why the questions are proper) to the following questions asked in a trial.

3 peer reviewed/scholarly resources

The objection choices will be added as a document.

Each need to be answered with Objection, (state objection), followed by reason for objection.  If no objection explain why it is valid.

1. “What did the defendant say when he put the gun in your face?”

2. “What did Mary tell you she saw?” (Mary is not a witness or defendant in the case.)

3. “Doctor, what do the records of your colleague say about how he treated the patient?” (Records have not been admitted in the case.)

4. “Do you believe what the defendant said to you?”

5. “Did the defendant tell you that he did this in self-defense?”

           1. asked by the prosecutor

           2.asked by the defense attorney

6. “Your Honor, On behalf of the defense we offer the defendant’s sworn statement to the police.”

7. “State offers the prior convictions of the defendant for felony driving while intoxicated”

               1. In a murder trial where the defendant does not testify

               2. In the punishment phase of a trial

               3. To impeach and cross examine a testifying defendant

TYPES TO BE USED:

Argumentative (611a):

Asked and Answered (611a):

Assumes Facts not in Evidence (611a):

Best Evidence (1002):

Beyond Scope (of direct, cross) (611(b)(1))

Compound (611a):

Cumulative (403; 611a):

Hearsay (802):

Improper Characterization (404-405):

Improper Expert Opinion (702):

Improper Impeachment (607-610, 613):

Improper Lay Opinion (701):

Lack of Authentication (901a):

Lack of Foundation (602; 901a):

Leading (611c):

More Prejudicial Than Probative (401-403):

Non-Responsive (611a):

Relevance (401):

Speculation (602; 701):

http://trialadvocacy.law.lsu.edu/files/2010/08/Checklist-of-Objections.pdf

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