PreBar Evidence and Crim Pro

preliminary hearing

Conducted outside the jury’s presence in three circumstances:

1. when the issue is the admissibility of a confession in a criminal trial;

2. when the defendant in a criminal case is a witness and makes that request; and

3. when the interests of justice otherwise require

Evidentiary ruling reversals

Can only be reversed on appeal if:

1. a substantial right of a party has been affected; AND

2. the judge was notified of the mistake at trial and given a chance to correct it

Plain error rule

Appellate court will reverse an error so obvious on its face to prevent a miscarriage of justice, even if no objection or offer of proof was made at trial

Objection

If the court has admitted evidence that should have been excluded, you have to do this and explain why the evidence should have been excluded

Offer of proof

If a court refuses to admit evidence that should have been admitted, do this on the record. Explain to the court what the evidence would have been and why it should have been admitted.

Rule 105: Limited Admissibility

Evidence may be admissible for one purpose but not another. Upon request of the objecting party, the court will give the jury a limiting instruction

Rule 106: Rule of Completeness

If a party introduces part of a written statement, the opposing party may introduce other portions of that statement that are necessary to put the admitted portion into perspective