Ok, dumb question.
Agg. Sx. of child trial. State offers forensic video interview.
Court asks Defense for objections.
Defense counsel confers with client (on record that he confered) and then states "the defendant has no objection to this tape being exposed or presented to jury."
He has affirmativly waived his hearsay objection, right? Am I missing something? The trial court did state a reason for admitting it - but can they now appeal that the tape was admitted "outside any appropriate exception provided by law?"
My brief now quotes the defense and says there is nothing to review.
It appears you have a great preservation argument and one a sound intermediate court should adopt. But to protect yourself, you should not omit any argument on the merits or a harmless error analysis.
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