The Critical Need For Timely And Specific Objections During A Criminal Trial
By Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
There is rarely a time when a defense attorney does not find the need to object during a criminal trial because the prosecution either attempts to introduce inadmissible evidence or engages in some questionable conduct concerning the proffer of evidence.
Tex. R. Evid. 103(a) (1) requires a timely objection to the admission or exclusion of questionable or irrelevant evidence. The objection must be accompanied by a specific reason for the objection. Id. See also: Tex. R. App. P. 33.1(a) [defendant must make a timely and specific objection each time inadmissible evidence is offered at trial and secure an adverse ruling from the trial court on the objection]; Geuder v. State, 115 S.W.3d 11, 13 (Tex. Crim. App. 2003).
Tex. R. Evid. 103(a)(1), however, relieves a defense attorney of the need to object each time the inadmissible evidence is offered if he either (1) requests a running objection or (2) objects to the evidence outside the presence of the jury. See, Geuder, 115 S.W.3d at 13.
These rules governing objections apply especially to hearsay evidence. See: Poindexter v. State, 153 S.W.3d 402, 409 (Tex. Crim. App. 2005). Tex. R. Evid. 802 provides that inadmissible hearsay admitted at a criminal trial without objection by defense counsel does not lose its probative value because it is hearsay. Id.
This brings us to the tale of two cases involving hearsay evidence. Objection to this evidence was properly handled by one defense attorney but horribly mangled by another. We’ll examine the latter case first.
Francisco Vasquez was tried and convicted in June 2005 for the murder of Eduardo Cantu in 2004. The jury assessed punishment at 99 years in the Texas Department of Criminal Justice. See: Vasquez v. State, ___ S.W.3d ____, 2008 Tex.App. LEXIS 2952 (Tex.App.-Corpus Christi April 24, 2008). (more…)
Subscribe
