Does a defense counsel object to the adequacy of the foundation under California Evidence Code section 1271 of the Business Records Act?

California, United States of America


The following excerpt is from State v. Miller, 81 Cal.App.4th 1427, 97 Cal.Rptr.2d 684 (Cal. App. 2000):

Defense counsel did not object to the adequacy of the foundation. "[B]efore an appellate court will give consideration to an objection to evidence, the specific ground for its exclusion must have been clearly stated to the trial court. (Evid. Code, 353, subd. (a).) This is particularly true where, as in the instant case, the objection easily could have been cured by the party offering the testimony if the specific reason for the objection had been stated to the trial court. [Citation.] The only apparent defect in the foundation required by Evidence Code section 1271 [business records exception to the hearsay rule] was in the failure of Putnam to testify as to the mode and time or preparation of the bank statements. This oversight obviously could have been remedied if defendant's counsel had objected on that specific ground; his failure to do so should prevent his asserting this ground on appeal." (People v. Dorsey (1974) 43 Cal.App.3d 953, 960, emphasis in original.) In our case, if defense counsel had objected to a defect in the foundation rather than that the prosecutor's questions were leading, the oversight could easily have been remedied. The claim is waived. The trial court did not abuse its discretion in admitting the I.D. sheet into evidence.

Other Questions


In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
In what circumstances would the defense counsel have objected on the basis of evidence section 1523 of the secondary evidence rule? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
When will counsel's failure to object to admission of evidence under section 352 of the California Evidence Code be reviewed on appeal? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Is there any case law in which a defendant has argued that defense counsel should have sought to exclude or restrict the impeachment evidence discussed in Section II of the California Evidence Code? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Is it misconduct for a prosecutor to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.