How do we assess the expert we consult, the one we hire and proffer, or the expert we will be confronting? If it is the opposing expert there will be a deposition (in a civil case) and testimony from prior cases as well as intelligence gathering from attorneys in your field who have faced the
In a recent (October, 2019) manslaughter trial in Philadelphia, the jury heard a lot about the victim, information not limited to conduct at the time of the fight that led to his death. The jury heard, as an early defense witness, a bartender from Florida. Although the death occurred in 2018, the jury heard about
The joke for criminal defense lawyers, such as it is, is the response to the question “how do you represent guilty people?” The answer/punchline is “that’s easy; it’s representing someone who is actually innocent that causes nightmares.” You may ‘lose the case,’ but your client loses freedom. As the original trial lawyer for Willie Veasy,
On September 11, the Pennsylvania Supreme Court heard argument in two cases raising a challenge to the death penalty process in this Commonwealth as so dysfunctional as to violate the Pennsylvania Constitution. It will decide first whether to exercise its King’s Bench authority and hear the substantive claims; and if so whether the system is
The dilemma is simple, the law growing more complex. A prosecutor wants to tell a rich and complete story, and asks the Officer or Detective how or why a suspect came to be arrested, or even how a person became the focus of police scrutiny or came to be in a photo array. Yet eliciting
Pennsylvania Courts still struggle with the 803(3) state of mind hearsay exception The day a woman died, a note was found on her day planner in her handwriting that read “”If something happens to me – JOE.” Needless to say, “Joe” ended up charged with murder. And in upholding the admission of the note
The not-so-veiled threat made to Michael Cohen – “Do your wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot.” – created an uproar and ultimately an apology of sorts. Whether the
Everyone has seen words taken out of context, and thus given new and unintended meaning. Consider the movie review that reads “nothing about this film is excellent.” What ends up in the advertisement? “Daily Journal says ’excellent.’” What happens in advertising or political chicanery has no place in the courtroom, and Rule 106 is intended
Since 1984, it has been clear that the Sixth Amendment right to “the assistance of counsel for his defense” means the right to effective counsel. This is what is called, in criminal law practice, the Strickland rule. As more than one court has put it, “[r]epresentation by counsel means more than just having a warm
When a child dies and there are signs of physical abnormalities—bruises, tearing, etc.—the result may be testimony of “unquestionable” or “unmistaken” signs of sexual abuse. That in turn may lead to criminal prosecution, conviction, and even a sentence of death. Yet both the advance of science and the simple act of paying greater attention to