Thursday, April 26, 2007
Remember: Motions in Limine are not sufficient to preserve error
In State v. Dicupua, the Court of Appeals reversed the trial court's sua sponte grant of a new trial. Before the start of trial, Dicapua sought to suppress a videotape because it did not have any audio. The audio surveillance system had failed to record what was said because of a machine malfunction. The trial court, however, refused to suppress the videotape. During trial, Dicupua did not raise an objection when the tape was introduced. The sua sponte grant of a new trial came because the trial court apparently rethought the videotape issue. In reversing the trial court, the Court of Appeals focused on the lack of a contemporaneous objection. Because of the lack of an objection, the Court also held that the trial judge was limited in his reconsideration of the videotape issue.
Posted by william at 7:42 AM