Lenoir v. State, 45S00-8611-CR-953
| Citation | 515 N.E.2d 529 |
| Decision Date | 25 November 1987 |
| Docket Number | No. 45S00-8611-CR-953,45S00-8611-CR-953 |
| Parties | Cedric LENOIR, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Indiana Supreme Court |
Nathaniel Ruff, Appellate Div., Crown Point, for appellant.
Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant was convicted of robbery, a class B felony. In this direct appeal, defendant contends that the trial court erred in finding a sufficient independent basis for his in-court identification by the victim.
The State correctly asserts that this alleged error was waived by defendant's failure to present timely objection at trial. Whitt v. State (1986), Ind., 499 N.E.2d 748. An objection to allegedly improper testimony is required at the critical point in the trial when the evidence is offered so that it might be corrected by the trial court at that time. Hunt v. State (1983), Ind., 455 N.E.2d 307, 315. The requirement for timely objection at trial, with resulting waiver in its absence, applies notwithstanding a trial court's pre-trial ruling on admissibility of such evidence. Taylor v. State (1984), Ind., 469 N.E.2d 735; Jones v. State (1981), Ind., 425 N.E.2d 128.
Judgment affirmed.
To continue reading
Request your trial
-
Wohlwend v. Edwards
... ... See Lenoir v. State, 515 N.E.2d 529 (Ind.1987) ... Wohlwend, however, does not rely upon the trial court's ... ...
-
Durbin v. State
...Durbin failed to object to the admission of the hearsay statements. This issue is waived for the purposes of appeal. Lenoir v. State (1987), Ind., 515 N.E.2d 529, 529. ...
-
Bigbee v. State
...to the identification testimony given by Herrmann. As a result, the issue was not preserved for appellate review. Lenoir v. State (1987), Ind., 515 N.E.2d 529. Notwithstanding waiver, Defendant has failed to cite the portions of the record containing evidence or testimony supporting his arg......
-
Morales v. State
...waiver in its absence, applies notwithstanding a trial court's pre-trial ruling on admissibility of such evidence. Lenoir v. State, 515 N.E.2d 529, 529 (Ind.1987). Morales made only one objection during the State's cross-examination of Stocco. When the trial court sustained that objection, ......