Articles Posted in Trial-Craft(c)

The NMCCA has issued an unpublished opinion in United States v. Belcher. This case has lessons for the defense and the prosecution. It appears the defense offered a PTA for nine months and included offers to testify against co-conspirators. The PTAO languished. Then, “a second trial counsel contacted the appellant’s defense counsel because he was…

I was thinking this morning about issues that a trial defense counsel ought to be aware of and/or know about for appeals. This evening I got a VACLE “tip,” entitled, Did You Know? What’s the most common reason arguments on appeal are not heard on the merits? The following was included. Proffer excluded testimony and…

This is an academic book written in a very accessible style with limited jargon and lots of information as to what advocacy lore is supported (and what is not supported) by the research literature. The book covers a wide variety of topics: attorney demeanor, attorney verbal communication as well as paralinguistic and kinesic communications (all…

I have for some time been challenging the limitation on the defense opportunity to get depositions. The usual response is that a deposition isn’t for “good cause” because, according to the Discussion under R.C.M. 704, the witness “will be available at trial.” I argue that R.C.M. 704 and the discussion are not procedure authorized by…

The Inspector Rutledge detective stories are a favorite of mine. To quote an Amazon review: [T]he books are set in the period just after the First World War, and Inspector Rutledge is a veteran of said conflict. Even more unique, he’s haunted by the ghost of one of his subordinates, a corporal whom Rutledge had…

I posted on experts at various points. But this video says it all about how expert witnesses should testify. If you can’t watch here (potential problem with the embed, go to this link about The Entabulator catalytic converter.

From time to time counsel want to offer documents which have objectionable information in them. There is an objection, and as often happens the court encourages or orders the objectionable parts be redacted. My here pointer relates to how the redaction is done – it must be done carefully. I was reminded of this general…

Evan Schaeffer has posted an interesting tip, reminder, on his Trial Practice Tips Weblog. There are two requirements for success in exposing the liar. First, you must be certain that you can establish that the witness has a “clear-cut motive to fabricate that the jury will understand”; Second, you must be certain that you have…

On 23 September 2010 USA Today published a front page piece about federal prosecutors. Federal prosecutors are supposed to seek justice, not merely score convictions. But a USA TODAY investigation found that prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in prison, set guilty people free…

Here is a training video and handouts from NACDL. This may be helpful with your junior enlisted court-martial clients who are foreign nationals. In Padilla v. Kentucky, the Supreme Court held that defense lawyers must affirmatively and correctly advise their clients about the immigration consequences of entering a plea and failure to do so constitutes…