Susie Said
Officer A tells the jury that the complaining witness, Susie, told him the defendant hit her
Objection, hearsay, OOC statement for truth of the matter asserted
Officer A says Susie's tibia suffered a compound fracture in the car accident
Objection, expert opinion, basis of knowledge
A prosecutor asks "You arrived at the residence and parked your car?"
Objection, leading. Compound question.
The Commonwealth doesn't have a police witness for a motion to suppress. They ask for a continuance.
Objection, move to dismiss for lack of prosecution.
Susie says "I think Steve was tired and scared of being chased by a Bigfoot" in a leaving the scene of property damage accident.
Objection, speculation, relevance
In a DUI case, the passenger, Susie, testifies that the defendant is a drug dealer and gang member
Objection, prejudicial, relevance, impermissible character evidence
In a DUI, the officer testifies he believes the defendant was displaying signs of intoxication/was drunk
No objection: lay witnesses can testify to general knowledge, i.e., if someone is drunk
The DA asks the witness: "What color was the hat?"
The witness replies: "I don't remember."
The DA asks: "Was it black?"
Objection, leading, asked and answered
A judge denies your motion in limine to introduce evidence of a third party culprit.
Objection, denial of the constitutional right to a fair trial and present a defense, denial of state right to present all "proofs and evidence favorable."
In a DUI trial, Susie starts to testify about how the defendant was running an illegal dog racing ring
Objection, uncharged conduct.
Susie called 911 and screamed that her mom was hitting her, sounding terrified. She does not appear for trial, but the DA wants to use the recording.
No objection, excited utterance.
The officer who arrested the client testifies that in his opinion, the defendant possessed drugs with an intent to distribute
A DA asks: "Can you tell us all the steps you took to collect the evidence?"
Objection, calls for a narrative.
In a jury trial, where the defendant is a Black person, the DA uses a peremptory challenge on the only Black juror
Objection, Batson challenge. The DA has to present a "race neutral" reason for the challenge. Remember to create a record for appeal, with the juror #, the makeup of the jury, the makeup of the potential other jurors, the juror's race/ethnicity, and the client's race/ethnicity
The DA asks Susie about the defendant's 20 year old (and only) conviction for possession of marijuana.
Objection, improper impeachment. Misdemeanor older than five years without another conviction within the last five years.
Susie calls 911 and tearfully states that her mom hit her yesterday. She never comes to trial. The DA wants to use the 911 call.
Objection: excited utterance. Even if emotional, Susie was speaking about past events, not current ones.
An officer with no certifications, degrees, or relevant training testifies that when he did the accident reconstruction, he found the defendant at fault
Objection: but handled via a Daubert Lanigan hearing
A witness is asked a question. You object. Objection sustained. They answer anyway.
Move to strike.
A potential juror remarked that they believe innocent people would testify, they have 13 relatives in law enforcement, and that they work in a bank. Your client is charged with bank robbery and assault and battery on an officer. They do not want to testify. The judge finds the juror fair and impartial.
Objection: the defendant has a right to a fair trial, with a fair and impartial jury of their peers. This person has expressed potential bias to law enforcement, works in the same industry, and also a disbelief in the defendant's fundamental rights. It is impossible that they will be a fair and impartial juror. If denied, use a peremptory challenge and ask for more jurors
You want to ask an officer about a 12 year "sustained investigation" for mismanagement of evidence collection, in a case where your theory is the police mismanagement of evidence. The DA objects. Judge sustains.
Objection, right to present a defense under AoD and USC. Relevant to bias, motive, practice or habit, not simply impeachment.
Susie testifies that the defendant said he hit the picket fence with his car in a leaving the scene of an accident causing property damage case.
No objection: Statement of a party opponent
A witness testifies that they saw boot prints in the snow.
No objection. Lay witness opinion.
The DA asks a question on redirect examination on a topic not mentioned on direct or cross.
Objection, beyond the scope.
The prosecutor mentions facts not in evidence in her closing argument.
Objection. But when: either during, or at sidebar afterwards.
Susie is given a photograph by the DA. She says she doesn't really know for sure, but it could possibly be the defendant's car. The DA moves the exhibit into evidence.
Objection, improper foundation for introduction of evidence.