State v. Sutcliffe Objections

Procedure

100

What is the first thing you do when you want to make an objection?

Stand up.

200

When making an objection, what should you always try and cite?

The rule number or case law associated with that objection.

300

What should you say when you want to explain your objection after making it?

May I be heard?

400

What can you say if you are absolutely STUMPED after being objected to but this info is important to your case?

May I confer with co-counsel?

500

What do you NEVER do if your objection is overruled?

Argue with the judge 

(Also: Roll your eyes, glare, slam things on the table, snap at your co/opposing counsel, etc.)

Objection Practice

100

Maddox Vaughn has been droning on for 20 seconds about how Pseudo Sue Beer is better than Bud Light, what do you object to?

Objection: Relevance 

OR 

403- Waste of Time 

200

The crossing attorney asks your witness, Tobin Johnson, about the financial state of Chuggie's, what do you object to?

Lack of Personal Knowledge

300

Kiran Singh testifies that Dakota Sutcliffe "absolutely, no doubt, burnt down Chuggie's Bar because she was broke broke" what do you object to?

Opinion on the Ultimate Issue

400

Alex Silva is asked on direct how Dakota Sutcliffe felt after seeing Jaylen's helmet emerge from Chuggie's. She says Dakota seemed distraught. What is your objection?

Speculation

500

The crossing attorney for your witness, Maddox Vaughn, begins to question him on things he said at the previous trial (he is specifically referencing the trial transcript). How do you keep this out?

Objection: Assumes facts not in evidence on the basis of Orders on Motions in Limine 

The previous trial transcript for a character cannot be entered into evidence if they are called into court. It may only be referenced for impeachment.

Response Practice

100

Opposing counsel objects to relevance as Skylar De Jong is discussing her time as a bartender at Chuggie's. What is your response?

The bar for relevance is extremely low, and this is going to my witnesses' credibility by establishing her familiarity with the business in question

200

Opposing counsel objects to hearsay when you try to enter exhibit 6C-5 (Dakota's "try not to die" email to Kennedy). What is your response if you, the prosecution, called Detective Weber? What is your response if you didn't?

Weber is called: This stipulation is admitted under stipulation 12. 

No Weber: This isn't hearsay, as it is an admission by a party opponent.

300

Your defense Tobin Johnson testifies that Dakota Sutcliffe, on a night the bar was very full, said "It's too crowded in here, we're gonna hit max fire code capacity." Prosecution counsel objects to hearsay. What is your response? 

This is an exception to hearsay under Rule 803-1, as it's a Present Sense Impression. 

400

Your prosecution Skylar De Jong testifies that Maddox Vaughn drank often, and was rarely coherent after leaving Chuggie's. Defense objects to Character Evidence. What is your response?

This is allowed under Rule 608A, as it goes to prove Vaughn's character/reliability through his reputation. The introduction of evidence under Rule 608A was okayed by opposing counsel during pretrial through entering a character evidence form.

500

The defenses' Maddox Vaughn testifies that Dakota Sutcliffe was her best friend, and that they were so close that Dakota gave her a key to Chuggie's so that she could access it whenever she wanted. What do you do?

Don't impeach by omission- this is an egregious invention of fact. Stand up and request a bench conference, tell the judge that the other team has violated AMTA rule 7.29. 

Experts

100

True or False: All mock trial experts must have a doctorate?

False! Syed and Weber each only have a master's degree. 

200

Name the 4 experts in this case.

Syed, Weber, Khan, and Jelani

300

Syed testifies that Chuggie's bar was decrepit, and that the aged state of the building would have made a flashover more likely. What do you object to?

Lack of Personal Knowledge- Syed never went to the bar before it burned down. None of the witness statements they reviewed would confirm this. 

400

Dr. Jelani testifies on cross that Maddox Vaughn's account of seeing Dakota Sutcliffe couldn't have been accurate because he was buzzed at the time. What is your objection?

Speculation- Dr. Jelani is testifying outside of her expertise (she is not qualified in intoxication), and there is no way for her to know the bodily condition of Maddox Vaughn at the time. She can only say that his opinion would be unreliable IF he was buzzed.

500

You're conducting a direct exam of Dr. Jelani, and have confirmed that she reliably applied her principles and methods to the facts of today's case (702D). Opposing counsel objects to improper expert testimony. Why did they make this objection? Why are they wrong?

They objected because Rule 702 requires 4 prongs to be met in entering an expert. 

a-specialized knowledge relates to the case

b-sufficient facts & data

c-reliable principles and methods

d- reliable application

They are wrong because the orders on Motions in Limine state that only 702D must be satisfied this year.