March 20, 2014

March 1995 - Objections Sustained!!


From W. Bernard Whitney of Fort Worth, two trial excerpts involving objections. The first is from a plea in an abatement hearing before Judge H.M. Lattimore (who is now on the Fort Worth Court of Appeals):

Q. You transacted this business for her because she did not seem to have any capacity for it; is that correct, sir?

A. She just could not absorb it and she needed the money. Her husband is crippled.

Q. And that was the purpose in your dealings in all of these things that have her name on them; is that correct?

A. That's right, and Mr. May said that was fine.

Defense Attorney: Your Honor, I object to that last comment. Whatever Mr. May said is hearsay. Further, it is non-responsive to the question.

The Court: Yes, that is not a proper response.

Defense Attorney: I move that the testimony about Mr. May's comment be stricken.

The Court: What do you want me to do?

Defense Attorney: I am no sure I understand your question.

The Court: I can't take it out of the record. It is there forever. I will try not to remember it and instruct myself accordingly.

Defense Attorney: Thank you.
_____

Bernard's second excerpt is from the trial transcript in a case he was asked to handle on appeal:

Q. All right. You have admitted to kissing Joanie Elliston on Christmas Eve of 1982; is that right?

A. I admit to giving her a little buss.

Q. A little what?

A. Buss.

Q. All right. What is a buss?

A. It's just like a little peck on the cheek.

Q. A meaningless asexual kiss? Is that a meaningless asexual kiss?

A. Well, it's not a sexual kiss at all. All kisses don't have to be sexual. This was just a little buss on the lips which -

Q. Okay. But using Mr. Curry as a model for Joanie, would you show the jury how that kiss was done?

A. I beg your pardon?

Mr. Curry: I don't believe we need to use me - Your Honor, what is all this? I've never heard anything like this before. Certainly I'm not going to kiss the witness.

The Court: Is that an objection?

Mr. Curry: Yes, it's an objection.

The Court: I'll sustain the objection.

Mr. Curry: I can't believe this.