California Objections

ebook

By Gregory H. Ward

cover image of California Objections

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The new edition of California Objections brings you:

New Rules of Professional Conduct. Chapter 20 Attorney Conduct covers new rules on conflicts of interest; duty of candor toward tribunal; fairness to opposing party and counsel; and contact with judges, employees, and jurors.

Making a record of oral proceedings. In most courts, you now have to make your own arrangements for a court reporter. New material in Chapter 1 Objections, Motions, and Related Procedures discusses the statutes and rules regarding court reporters and the importance of checking court policies.

More than 100 new case citations on these and other topics:

Jury Selection (Ch 2)

  • No right to jury trial on amount of civil penalties under Unfair Competition Law.
  • Complete deprivation of right to jury trial compels reversal in criminal cases.
  • When judge must permit supplemental time for voir dire.

    Jury Conduct and Management (Ch 3)

  • Discharge of juror before verdict is rendered.
  • Challenging juror misconduct after a verdict.
  • Juror's receipt of outside information about case.

    Order of Proceedings (Ch 4)

  • Considerations for courts when imposing time limits on trial proceedings.
  • Prosecution's obligation to disclose rebuttal witnesses.
  • Amendment of answer during trial to assert new affirmative defense.

    Witness Examination (Ch 7)

  • Criminal defendant's waiver of right to be present during trial.
  • Right to re-cross examination; is there one?
  • Showing writing used to refresh witness' recollection to jury.

    Hearsay (Ch 9)

  • Testimony of content of text message was not hearsay.
  • Admission of non-testimonial statements of a codefendant.
  • Admissibility of statements of an unavailable witness.
  • Statements of a human trafficking victim admitted against the trafficker under the co-conspirator exception.
  • Non-testimonial statements of a codefendant that implicate the defendant.
  • Whether a prior identification has tainted witness' ability to identify a defendant.
  • Elements of the published compilation exception, publication, use and reliability requirements.

    Character and Habit (Ch. 11)

  • Admission of prior similar incidents to show intent.
  • Evaluating the probative value of the evidence of prior domestic violence.
  • Evidence that a defendant planned to commit a crime as evidence the defendant later committed that crime.

    Documents (Ch. 14)

  • Testimony of a witness with general knowledge of computer system to authenticate a recording downloaded from the computer.
  • Testimony as to content of deleted sexually explicit text messages.
  • Production of numerous witness statements, police reports, and diagrams for 1st time at trial.

    Alternative Methods of Proof (Ch. 18)

  • Estoppel in land use matters.
  • Defendant not equitably stopped from recouping miscalculated pension payments.

    Submission to Jury (Ch. 22)

  • Failure to instruct jury on alternate theory of crime.
  • When pinpoint instruction is required.
  • When instruction on lesser included offense is required
  • When instruction on defendant's failure to testify is required
  • Instructing jury to return to deliberations when they are unable to reach a verdict.
  • Evaluating evidence of juror misconduct.
  • Inconsistent and ambiguous verdicts.

    AND MORE!

  • California Objections