Procedural minutiae
Can all attorneys argue objections or just the one who will examine the witness
Only the attorney who will examine the witness
Asking Vott "Do you enjoy your job?"
Relevance
Baxter given that you examined Rogers-Nelson, could you determine how long he had been deceased prior to discovery?
(Nothing was said about examining Rogers-Nelson)
Assumes facts not in evidence
On direct Kit is asked "so you are a wilderness ranger right?"
Leading
A witness testifies about a lie somebody told them. Opposing counsel objects to hearsay.
It's not hearsay because the statement isn't being offered for the truth of the matter asserted. The statement is false.
When must attorneys stand at trial
When giving openings, closings, direct examinations, cross examinations, and objections 4.16 (also when judge walks in
Casey says they saw Koren commit the murder
Question calls for unfair extrapolation
Vott is asked "What could have led to the disappearance of the defendant’s paddle?"
Speculation
Baxter is asked something on redirect that they forgot to ask on direct, but was not brought up on cross
Beyond the Scope
Koren says something Billie and Bobby said and it is objected to under hearsay
It says in the pretrial order they are allowed to witnesses are allowed to testify to what Billie and Bobby said
Can you address the other attorney when arguing objections or do you only the judge
The Judge only never adress the other attorney
We bring up on closing something that was never mentioned at trial
4.23 scope of closing arguements
Casey is asked this equipment falls out of canoes or floats away from campsites due to the rain, correct? (foundation is laid as to the equipment existing)
Calls for speculation
Vott getting asked:
"Was the paddle what kept the fire still burning?"
And answering:
"I suspect that the fire was still burning because Koren threw the paddle in it to dispose of any evidence."
Unfair extrapolation/improper opinion
Exhibit 2 is objected to for hearsay
Regularly conducted business activity
How do you enter an exhibit
Foundation, asking to approach, and asking to enter (whatever captains or coaches deem adequate)
Vott saying "I believe that the alcohol around the fire was put their by the defendant to make it seem like the victim’s death was merely an accident, that is because if the defendant is a true camper and BWCA goer, they would know that glass bottles of alcohol are not allowed at BWCA, would make it seem like Addison was unprepared"
Foundation was laid about the presence of alcohol and fire
Improper opinion or speculation
Vott saying they think based on what they saw they know a canoe paddle was used to kill the victim with blunt force
Improper opinion
Was Rogers-Nelson under the influence of alcohol? to Baxter
(as their first question)
improper opinion because nothing has been said about how they would know alcohol things
Baxter, who is called after Vott, talks about things Vott said during direct
Rule 4.9
Which side sits closest to the jury box
Prosecution 4.1
Dr. Baxter says Koren Noble is guilty
Opinion on the Ultimate Issue
Vott is asked "tell us what you know about this case"
Question calls for a narrative answer
Vott saying
"I asked for a recorded statement for evidence but the defendants expression changed and they went all wide-eyed and started to shake their head no, saying they wanted an attorney before speaking to me further."
Pretrial order:
Defendant’s decision to remain silent after Vott asked Defendant to provide a recorded statement is only admissible to impeach Defendant’s testimony.
the State may not offer Defendant’s statement about “get[ting] a lawyer” for any purpose. That evidence is flatly inadmissible
The witness gives a 1 minute answer and gets objected to for narrative answer
4.18 says question calling for narrative or general answer it says nothing about the the the answer itself actually being narrative