Part 2: Making a Proper Record in Criminal and Civil Cases
General Pointers and Common Errors in Objections
How do you object?
· Early and often when appropriate.
· State every legal basis for the objection—caselaw, rule, statute, and constitutional provision.
· Be specific—“objection, improper” preserves nothing.
· Continuing objections—make judge state on the record that the objection is continuing and exactly what the objection covers; renew the objection periodically, such as at the start of each new witness on the objectionable topic.
Example of Good Objection: “Objection, this testimony is hearsay, and violates my client’s rights to confront and cross-examine witnesses and to due process of law under the Sixth and Fourteenth Amendments to the U.S. Constitution and Article I, Sections 10 and 18(a), of the Missouri Constitution, in light of Crawford v. Washington, 541 U.S. 36 (2004).”
Example of Bad Objection: “Objection, hearsay” does not preserve any constitutional issue about confrontation, so the appellate counsel cannot raise Crawford issues when only this is said at trial; this objection, at most, preserves only a non-constitutional “hearsay” claim.
When do you object?
· Before, during, and after trial (in New Trial Motion).
· Every time objectionable evidence is mentioned, unless you have a continuing objection.
· Waiting until the physical evidence itself...
