Civil and criminal court litigators – beware. A new decision of the Pennsylvania Superior Court in a criminal appeal has radically upset the calculus lawyers must perform if they lose a motion in limine and want to decide whether to front (or “own”) the bad fact. Doing so may now cost a litigant the chance
Many may believe (depending on the jurisdiction or the judge) it to be fundamental – indigent defendants are entitled not only to free counsel but to the essential services needed to investigate and present a defense: funds for an investigator to track down witnesses, funds for a psychiatrist or psychologist for a mental health defense,
Crotch-grabbing. “Bimbo.” These were highlighted facets of two closing arguments in high-profile criminal trials in the calendar year 2022. Were they a reflection of our national political discourse; an attempt to be aggressive as part of zealous representation; or offensive, stupid and ineffectual? The final term – ineffectual – has no metric; it is impossible
Capital cases – those where the death penalty was sought and then imposed – can last for decades. There are at least two reasons for this – they deserve the greatest attention and review because life is at stake; and the poor lawyering that led to so many capital convictions warrants that review and takes
The following “one line lessons” for excellence in advocacy were contributed by members of the national trial advocacy listserv. The submissions are organized topically, with the contributors’ names preceding their contributions. CASE THEORY Brett Bayne Shamelessly stolen from Herb Brooks and the 1984 Miracle on Ice, he reportedly strolled the bench behind the players
More than a decade ago, the New Jersey Supreme Court wrote the following about eyewitnesses: “Without persuasive extrinsic evidence, one cannot know for certain which identifications are accurate and which are false—which are the product of reliable memories and which are distorted by one of a number of factors.” State v. Henderson, 208 N.J. 208,
David Raack[1] Although some law schools have robust and well-developed advocacy programs, a significant number don’t. Schools without a strong program may wish to develop one, and this article addresses that scenario. (The term “advocacy program” is used here to include mock trial, moot court, and ADR components.) The purpose of this discussion is
Did you know about the lawyer who: Told their client they could not testify because their criminal record and its details would be admissible where the law was directly to the contrary. Let the jury know their client “lawyered up” and sat idly by while the prosecutor argued that as proof of guilt. Filed a
Is it impermissible to use the term “victim” in a criminal trial? On its surface, the question may appear silly – the trial has a victim [accuser] and defendant [accused]. Yet the issue arises periodically, and was highlighted in recent trials. First, who or what is a victim? According to Black’s Law Dictionary, it is
Despite familiarity with the phrase “less is more,” lawyers can’t seem to help themselves – they ask question after question after question. That this irks jurors is beyond doubt. As one article written by a jurist who interviewed hundreds of jurors reported, The most important theme that came through on evidence presentation: do not repeat