Tuesday, October 10, 2006

Objection to Taking Deposition Does Not Preserve Objection to Using Deposition at Trial

U.S. v. Martinez, 2006 WL 2821357 (10/4/06)(unpub'd) - A pro se defendant prompted a 21 page decision. Among other things, the 10th rules that a prisoner's oral representations to a caseworker, even if transmitted to the U.S. Marshall, do not begin the IADA clock. The 10th also finds it was okay to notice the defendant at 3:30 p.m. for a pretrial deposition held the next morning. And, in a preservation lesson to us all, the pro se defendant does not prevail on his appellate complaint about the introduction of the deposition at trial because below he only objected to the taking of the deposition, not its admission at trial.