Evidence Review: The Past Year in the Eighth Circuit, Plus Daubert
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Fenner, G. Michael
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...
28 Creighton L. Rev. 611 (1994-1995)
Creighton University School of Law