California Objections

ebook

By Gregory H. Ward

cover image of California Objections

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The new edition of California Objections: Civil and Criminal brings you 19 updated chapters addressing more than 100 recent cases, plus a new objection added to the 125+ objections already in the book:

Objection: Proposed pleading amendment is untimely or prejudicial. Pattern language, commentary, tactics for objecting and responding, and case summaries are included.

New cases and updated text cover a broad range of topics. For example:

JURY SELECTION

  • Court's obligation to advise a defendant of the mechanics of a jury trial in a waiver colloquy.
  • Excusing jurors based on questionnaire answers in capital cases.
  • Race neutral reasons for challenging a juror.

    HEARSAY

  • Admissibility of exculpatory portion of declaration against penal interest.
  • Methods of proving a conviction of a sexually violent offense.

    PRIVILEGES

  • Privileged status of invoices for legal services.
  • Factors courts should consider when determining whether inadvertent disclosure waived attorney-client privilege.
  • Privileged status of confidential attorney-client communications disclosed to a retained expert.
  • When a predecessor trustee may rely on attorney-client privilege to withhold confidential documents in trust's files from a successor.
  • Disclosure of informant's identity by prosecution when informant is a material witness.
  • Exclusion under collateral source rule of gratuitous payments by employer.
  • Threshold for admissibility of uncharged crimes evidence.

    PHOTOGRAPHS AND RECORDINGS

  • Requirements for presenting a sound-and-video recording of a deposition or prior testimony.
  • Requirements for presenting a sound or sound-and-video recording other than a deposition or prior testimony.
  • Jurors' use of a transcript as an aid while listening to a sound recording.

    EXPERT WITNESSES

  • Expert testimony on gang behavior and language.
  • Expert testimony on excessive use of force.
  • Impeachment of an expert by defendant's suppressed statement during sanity phase of criminal trial.
  • Admissibility of expert testimony based on hearsay.

    ATTORNEY CONDUCT

  • When an attorney may be disqualified for violation of the "State Fund rule."
  • Disqualification of attorney for conflict of interest when representing a client in multiple class actions.

    CLOSING ARGUMENT

  • Scope of appellate review when prosecution in a criminal case elects in opening statement or closing argument to tie each count to a specific criminal act.
  • Proper and improper appeals to jurors during closing argument.
  • California Objections