Legal Question in Civil Litigation in California

in a nutshell: we presented our case in 2 days. breaked for weekend. Then defense start monday. Sidebar first thing and the scope was narrowed. We could not argue that the defense is a nuicent (trouble maker). The Jury heard damaging crap from the defense's cross exam We could not rebuttal because of the narrow scope.

I beleive that this should have been a mis-trial because of the following:

1. We went thought pre-trial motions before coming to trial. All sides knew of the "error". It was allowed in trial halfway. Why stop now? And I thought things that defense brings up in trial we can counter argue.

2. Jury already heard damaging testimony that we were not allow to defend.

What do you think?


Asked on 10/23/10, 6:13 am

3 Answers from Attorneys

I think you are asking for an opinion on evidentiary issues without giving the tiniest fraction of the information needed to provide that opinion. Without reading the pretrial motions and the trial transcripts it is impossible to provide any kind of meaninful opinion on a question like this. You don't even tell us what the "error" was. In addition, it sounds like you are represented by counsel. They are the ones you should be asking this. We do not second guess attorneys who know the whole case.

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Answered on 10/28/10, 7:59 am
Anthony Roach Law Office of Anthony A. Roach

On reexamination, the examination is limited to addressing issues raised in the defendants' cross examination. It is not an opportunity to bring out other issues that were not raised in the original examination.

You should be given an opportunity for rebuttal after the defendant presents his or her case in chief.

The problem, as Mr. McCormick points out, is that we don't have access to all of the issues in the case, or rulings made by the trial court, and could only speculate as to whether or not a mistrial occurred.

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Answered on 10/28/10, 10:10 am
Herb Fox Law Office of Herb Fox

I concur that you have not provided enough information for an attorney to provide an opinion. I am a certified appellate law specialist, and my practice involves reviewing cases such as your for reversible error that could be asserted at the Court of Appeal.

You may review my website at www.LosAngelesAppeals.com, and contact my office if you would like a consultation.

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Answered on 10/28/10, 2:05 pm


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