Preservation of Legal Issues (2023)
Product description:
From the author, Ryan Scott:What is a preservation trap? It describes a situation where you make an argument, and it should be a winning argument, but on appeal, the Attorney General will nevertheless argue you didn't preserve it, because you didn't do the one semi-obscure thing required by statute or case law. For example, you filed a demurrer on the grounds that the indictment wasn't definite and certain, but you didn't offer into evidence all the discovery as an exhibit. Or you asked a question during cross-examination, the prosecutor objected, and the judge sustained, but you didn't make an offer of proof regarding what the answer would have been.
OCDLA's Preservation Guide focuses almost exclusively on identifying preservation traps and how to avoid them. And while the guide doesn't generally provide you with the substantive arguments you need to make, it does offer a couple of semi-obscure citations in support of objections you'll definitely want to preserve, including objections to hearsay offered to "explain the investigation" or business records offered without the custodian.
The 2023 update adds two new subcategories and citations to Stave v. Craine, 271 Or App 101 (2015), and State v. Williams, 326 Or App 64 (2023).
A handy and convenient addition to any trial notebook!