CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Objections
.........Renewal; Preservation; Waiver
7 Cards On This Topic:
  • D forfeited claim DA asked leading question by failing to object to the question as rephrased.
  • No error in admitting E's blood spatter testimony where D objected below on Kelly/Frye grounds, not on the bias and lack of qualification grounds he argued on appeal.
  • No misconduct when DA argued that whether D knew "the dope was bunk," and whether he fired a gun, combined mainly with non controverted facts in record and inferences, would lead to guilty verdict; D forfeited other claims by failing to object.
  • Though D could argue that erroneously overruling EC 352 trial objection had legal consequence of violating due process, argument unavailing as admitting gang evidence did not make trial fundamentally unfair, and any error harmless.
  • D waived issue of admission of prior rape evidence where counsel expressly withdrew objections to admission for tactical reasons after lengthy discussion with D.
  • By moving to modify or clarify court's order, D gave court an opportunity to modify or delete the probation condition to which he objected, and satisfied the "objection and waiver rule."
  • D didn't waive pretrial objection to W testimony by failing to renew it at trial where court heard extensive offer of proof before admitting testimony under EC 352.