Introducing evidence or refreshing recollection? TC: May I approach the witness? MJ: Yes. TC: I’m handing prosecution exhibit 3 to the witness, please look at that. DC: Can we see that first please? TC: Your honor we gave a copy of this to the defense in discovery. DC: Your honor such a comment is improper…
Continue reading ›A constant frustration – how to impeach (and typically with the book is sitting there on counsel table). Complaining Witness: Blah, blah, blah. Defense counsel: Now Ms. Complaining Witness you received an Article 15 . . . . (“Objection,” – “Sustained.” [DC looks at judge with a ‘what did I just do’ attitude.]). NO, wrong.…
Continue reading ›Your client is charged with burglary, theft, and false official statement. You call a good Sailor witness. The witness testifies. Imagine the questions I asked in MJ Summer Camp I, or just as easily that there has been no prior impeachment cross-examination. Trial counsel: LTC Witness, does a good Sailor commit burglary? No. Trial counsel:…
Continue reading ›A constant pet frustration – lack of understanding of how to impeach. Let’s look at this from a common witness situation – the good military character witness. Witness: Blah, blah, blah. Witness: In my opinion Private Rumpelstiltskin is a good Soldier. Trial counsel: Now LTC Witness, you’re aware that the Private received an Article 15…
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