Section 20.20 Reception of Evidence

• Library: Criminal Practice 2012 Supp

IX. (§20.20) Reception of Evidence

The order in which a felony trial proceeds is spelled out in Rule 27.02. This Rule establishes the order in which the various stages of the trial are to be conducted, including the intervals at which the court is to give specific instructions to the jury.

A good understanding of the rules of evidence is basic to the protection of the rights of a criminal defendant during trial, since one of counsel’s foremost obligations to clients is to see that they are not judged on the basis of improper evidence. For this reason, counsel must constantly be alert to “protect the record” by the use of timely objections.

There is some art to making objections because they are disruptive of the flow of the evidence and, if overdone, can create a negative impression on the jury. There are many instances when a proper objection might be sustained but the particular question or answer, although technically inadmissible, is harmless or relatively harmless.

Objections can become very annoying to the jury and should be used sparingly when information sought to be elicited by a particular question is not felt to be a serious matter.

On the other hand, unless a timely objection is made, counsel can
expect little relief on appeal. When an objection is made after testimony has already been given, the objection comes too late. State v. Delgado, 774 S.W.2d 549 (Mo. App. S.D. 1989). It should be remembered that, although counsel may hope for an acquittal, counsel must always anticipate the possibility of a conviction and subsequent appeal. If all counsel has are objections that have been sustained by the trial...