Evidence Review: The Past Year in the Eighth Circuit, Plus Daubert
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Authors
Fenner, G. Michael
Issue Date
1995
Type
Journal Article
Language
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Abstract
FIRST PARAGRAPH(S)|A(1). Timely Objection; Rule 103: United States v. Zerba. Black-Letter Law: (1) An objection after the question has been answered is not a timely objection. (2) Absent plain error, an untimely objection waives the right to argue on appeal that the question was improper. (3) Error in overruling a timely objection to evidence, which was testified to by another witness without objection, may be harmless error. Facts: The defendant was convicted of possession with intent to distribute methamphetamine. This appeal involved evidence regarding marijuana found during the search of a co-conspirator's apartment. Testimony about the marijuana came in through one witness without objection. When two later witnesses were asked about it, defense counsel did object...
Description
Citation
28 Creighton L. Rev. 611 (1994-1995)
Publisher
Creighton University School of Law