Evidence-Wellborn SU2006 Outline

Effect of erroneous ruling error may not be

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Unformatted text preview: ered too general! The rule that irrelevant and prejudicial are not specific enough objections worries Wellborn! Should be considered specific when it is the only thing you can say!! There is nothing wrong with general objections if they get sustained, because then they will be affirmed on appeal if you can think of ANY reason why such a thing should be sustained. But more difficult with specific objections: (see below) IMPORTANT: If an objection naming an untenable ground is overruled, the ruling will be affirmed on appeal even though a good but unnamed ground existed for the exclusion of evidence. If an objection naming an untenable ground is sustained, the ruling will not be upheld on appeal on the basis of an unnamed valid ground if the valid ground might have been obviated by the proponent had it been raised at trial! o Here's the key quote: "If an objectionable leading question draws not that objection but "hearsay", which the court sustains although the answer sought was manifestly inadmissible hearsay, the proponent may complain on appeal because the proper gr...
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