How have the courts treated defense counsel's objections at trial?

California, United States of America


The following excerpt is from The People v. Roman, E048032, No. RIF090046 (Cal. App. 2010):

Here, the trial court did not abuse its discretion by concluding that the misconduct was not prejudicial. In each instance, it sustained defense counsel's objection, and it instructed the jury to disregard the excluded evidence. At the end of the trial, the trial court also gave the standard instruction that (1) the attorneys' questions are not evidence; (2) if the court sustained an objection, the jury must ignore the question; and (3) if the court ordered testimony stricken from the record, the jury must disregard it. (CALCRIM No. 104.) We normally presume that the jury followed these instructions. (People v. Bennett, supra, 45 Cal.4th at p. 595.)

Other Questions


In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)
How have courts treated a defense counsel's claim that the trial court would not have entertained an objection to a probation condition? (California, United States of America)
How have the courts treated defense counsel's objections to a jury questionnaire at trial? (California, United States of America)
Does the trial court erred by discussing some of defendant's complaints about defense counsel and disagreements with defense counsel in the presence of the prosecutor? (California, United States of America)
In a motion for a new trial, how have the courts treated defense counsel's claims of failing to object based on marital privilege and failing to request an Evidence Code hearing? (California, United States of America)
How have the courts treated a defendant's claim that counsel failed to object to the trial court's incorrect belief that he had expressed no remorse at his initial sentencing hearing? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
Does a defense counsel's failure to make an offer of proof in response to a sustaining objection to the trial court's sustaining a relevance objection waiver? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.