0310

I would object that it assumes an important fact not in evidence -- even though it may seem likely, there is no evidence that the defendant was referring to his ex-wife. He may have grudges against several women.

Questions? Email tanford@indiana.edu and refer to 0310.

Assume the judge says “The jury will disregard the prosecutor’s statement that the defendant was referring to his ex-wife. The witness may answer the question ‘What happened next?’”

The witness then testifies: "He drove off with his hand out the window and his middle finger raised.  Other people had gathered, so I figured someone had called 9-1-1, so I started to walk home. It’s only three blocks. Then I figured the cops might need witnesses, so I turned around and went back. That’s when the first fire truck showed up."

What objection(s) could the defense make?  Write out your answer (there is a reason I want you to do this) and then click here.