C.E.C QUESTIONS AND ANSWERS

1. Prosecution for Murder. The prosecution offers into evidence a letter from a witness to the crime. The defense objects on the ground of hearsay and the objection is sustained. The prosecution then offers a second letter from the same witness. The defense attorney objects, but fails to state a specific ground for the objection. The court overrules the objection and admits the second letter. Has the defense waived the hearsay objection for purposes of appeal? What arguments may be made on the basis of the text of the federal and California provisions? Fed: The objection is preserved for appeal because Defense made the objection and the specific grounds are clear from the context CA: No comparable provision, but it is unlikely a trial court would refuse to recognize the objection is clear from the context, thus, it is preserved for appeal Prosecution for Murder. The prosecution offers into evidence a letter from a witness to the crime. The defense objects on the ground of hearsay and the objection is sustained. The prosecution then offers a second letter from the same witness. The defense attorney objects, but fails to state a specific ground for the objection. The court overrules the objection and admits the second letter. Has the defense waived the hearsay objection for purposes of appeal? What arguments may be made on the basis of the text of the federal and California provisions? Same case. Before trial the court ruled both letters inadmissible. The defense failed to object at trial when the prosecution offered the letters into evidence and the trial court admitted them. Has the defense waived its objections for purposes of appeal? What arguments may be made on the basis of the text of the federal and California provisions? Fed: Once the court definitively rules on record (pre-trial), the party need not renew (at trial) à it is still preserved for appeal CA: No comparable provision but it is common sense to do the same as Fed Pros