May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

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Quote of the Day - An objection is not a rejection; it is simply a request for more information. - Bo Bennett
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I STRENUOUSLY Object, Your Honor! - Oh, Make That HEAVILY Object

Trial attorneys know it makes little difference to a judge whether you object in court or STRENUOUSLY object.  In fact, I once saw a judge respond to the STRENUOSLY objecting lawyer that he was STRENUOUSLY overruled.

You get the point.

Apparently, the Ninth Circuit doesn't see it that way.  The Court ruled that where the amount of drugs in issue in a case can be HEAVILY disputed, it's improper to prevent the defendant from having a forensic expert testify about the quantity in issue.  The outcome will affect the length of the defendant's sentence.

Now I know.  Instead of STRENUOUSLY objecting, I'll have to HEAVILY object next time.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Monday, August 27, 2007 at 17:08 Comments Closed (0) |
 
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