Objection–oh, never mind

Philip D. Cave

No, normally the best course of action is to persist with either the objection or what you are doing. In that situation it is hard or harder for an appellate court to later apply waiver.

We make objections during a trial. Or an objection is made to something we are doing or asking.

If you are making a valid objection, it doesn’t seem to be a good idea to withdraw the objection most of the time. Certainly there are times when on reflection you realize the objection was wrong, or perhaps not stated well, and so it is fine to withdraw the objection or state it better.

The same when something you are doing is objected to. Make a record in each instance to preserve the issue. You are entitled to make an argument or proffer as to why what you are doing is appropriate and admissible. I think that a military judge who won’t let you make a reasonable proffer is in error and an appellate court would see. That way the “error” if there is one is preserved; then the appellate court might indicate the judge’s error and also allow the appellant to litigate the error on appeal.

Professor Colin Miller The Great reminds us of to persist in the objection or make a record in his post about a Utah case.

Client Reviews

Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my...

Rob

I was facing accusations that would not only ruin my career but my life. When I hired Mr. Freeburg, he gave me the hope that everything would be turn out great. He put a great team together along with my...

Air Force Anonymous

Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're...

Bryan

Mr. Nathan Freeburg fought and won a war for me. A war where my life was on the line. The week of trial was extremely long but he never seemed like he was tired. The prosecution were getting whittled down each...

Navy Anonymous

Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to...

Crystal

Mr. Freeburg is passionate about justice and upholding the law and dignity of the court. He is brave and bold in his ability to represent his clients amidst the attempted intimidation and procedural pressure...

Navy Represented

The Army and prosecution was pushing for me to take a Chapter 10. But Mr. Freeburg made me confident we could win. We went to trial and he crushed them in cross examination and he saved my career.

Vince

Contact Us

  1. 1 Free Consultation
  2. 2 Over 40 Years of Experience
  3. 3 Dedicated to Military Law
Fill out the contact form or call us at 703-298-9562 to schedule your free consultation.

Leave Us a Message