Rule 404(b) is the bane of the criminal defendant, although it is equally applicable in civil litigation. But criminal cases come with the added facet of the guarantee of the right to counsel, and with that right comes the obligation for counsel to be an effective lawyer, not just a present one. And when 404(b)
In his March 22nd MEMORANDUM targeting the legal profession in general, President Trump condemned lawyers for “frivolous, unreasonable, and vexatious litigation…” https://www.whitehouse.gov/presidential-actions/2025/03/preventing-abuses-of-the-legal-system-and-the-federal-court/. Much of the attack was against immigration lawyers where, without foundation, Mr. Trump claimed rampant fraud and meritless claims have supplanted the constitutional and lawful bases…[and the immigration system] is likewise replete with
Are there certain words lawyers should not use as they respond to accusations that a client engaged in criminal conduct? And as we teach advocacy skills to lawyers-to-be, should we be teaching about the pernicious nature of some words in the common discourse and say “you can be better than that.” My vote is for
If you’ve ever wondered whether the strategies we teach in Temple’s Trial Advocacy Program apply beyond the courtroom, look no further than Senator Mark Kelly’s (D-AZ) questioning of CIA Director John Ratcliffe and Director of National Intelligence Tulsi Gabbard during the March 25, 2025 Senate Intelligence Committee hearing. In a textbook application of the three
This essay is part of a White Paper being submitted to the International Academy of Trial Lawyers in support of a motion calling for abolition of the death penalty. I have been a capital case litigator for thirty-plus years in Pennsylvania in the United States of America. What does that connote? Since the early
In a law school class, one way to assess a student’s performance (and professionalism) is with Three Cs – consistency, clarity, and correctness. Considering the Vice President’s recent attack on federal judges for reviewing the constitutionality of various Trump policies, by the standards that would be used to assess a law student’s competence (and fitness
The difference between Pennsylvania’s approach to judges and expert ‘gatekeeping’ and that under the Federal Rules of Evidence is stark. For the Commonwealth and its Frye jurisprudence, judges are told to ‘leave science to the scientists.’ The proscription is clear and far-reaching: [T]rial courts may not question the merits of the expert’s scientific theories,
In the late 1800s, when a child wrote to a newspaper editor asking whether there is a Santa Claus, the editor replied in what became one of the most quoted and reprinted editorials ever: Yes, VIRGINIA, there is a Santa Claus. He exists as certainly as love and generosity and devotion exist, and you
When Simon and Garfunkle wrote “listen to the sound of silence” they were not urging a principle applicable to hearsay analysis. But the Michigan Supreme Court took that notion to heart in a recent decision that ‘read between the lines’ and found that words never mentioned in court, but inferable from context, violate not only
As we approach the June 27 debate between President Biden and presumptive nominee Trump, much advice has been forthcoming as to how Mr. Biden should proceed. Written without benefit of polling data or focus groups, the below column makes suggestions based on persuasion techniques. To prevail in Thursday’s debate and then in the election,