Overruling Her Own Objection
by Jamison Koehler on July 19, 2013
“That line of questioning is objectionable,” she tells me.
We spend a few minutes debating this, and I ultimately convince her that the government opened the door to my line of questioning on direct. So she sends us back to continue the cross-examination. She has in effect overruled her own objection.
But the damage is done. She took me out of my rhythm. She signaled to the jury that she thought I was doing something wrong. And she put the prosecutor on notice that the court thought he should be objecting more. Sure enough, the prosecutor objects on my very next question.