Recurring Objections in a DUI Trial

QUICK-REFERENCE GUIDE to Recurring DUI Objections Voir dire • The question does not go to cause or to assist in the exercise of peremptory challenges. The juror was improperly struck due to race/sex in violation of the 14th Amendment to the U.S. Constitution. Also consider state objections. Asking jurors to pre-judge the evidence. Opening Statement Argumentative. Police Officer • Leading. Calls for a narrative. • No Foundation/beyond the officer's expertise. Speculation. Corpus delicti. State Percipient Witnesses Leading State Expert Witness Chain of Custody. • No Foundation. Not an expert in this area (sometimes occurs with respect to FSTS). Improper Hypothetical (no facts to support hypothetical). Non-responsive. Hearsay and violates the defendant's right to confrontation under the Sixth and Fourteenth Amendments to the United States Constitution. Phlebotomist No Foundation as to qualifications or to procedures used. Defense Percipient Witnesses Argumentative (cannot ask the witness to comment on another witness' veracity). Defense Expert Request the Court to allow the witness an opportunity to finish his/her answer. The Defendant Argumentative (cannot ask the defendant to comment on another witness' veracity). Request the Court to allow the witness an opportunity to finish his/her answer. • Violates the defendant's rights to remain silent under the 5th and 14th Amendments to the U.S. Constitution. The question constitutes Doyle v. Ohio error. Request the Court to admonish the jury to disregard the prosecutor's question. Closing Argument Misstates the evidence/misstates the law. Vouching, improperly stating personal opinion. Violates the defendant's right to remain silent under the 5th and 14th Amendments to the United States Constitution. Griffin v. California error (commenting on the defendant not testifying); Doyle v. Ohio error (commenting on post-Miranda silence). Request Admonishment. Improperly appeals to passions and emotions of jurors. For more great educational information for attorneys, visit: www.jameseducationcenter.com Attorney Education Center By JameS Publishing ------------