“No Questions, Your Honor”
When it comes to cross-examination, I consider myself a minimalist. I figure out what I need from the witness. I tell my version of the story. And I ask the witness to agree with me. Some lawyers have… Read More
I didn’t say, “Simon says”
Q: Officer. You testified on direct that my client was talkative when you first approached his car. A: Yes. As I began speaking with him, he was repeating himself quite a bit, wasn’t really answering my questions, just… Read More
An Ethical Prosecutor Confronts Her Own Witness
BY DEFENSE COUNSEL ON CROSS Q: Ms. Smith, do you have an email account? A: Do I have an e-mail account? Q: Yes. A: I do. Q: Is it a Yahoo account? A: No. Q: What is your… Read More
“The Type of Guy That Gives Lawyers a Bad Name”
Q: When did you have that conversation then with David? A: Prior to him ending up in the hospital. Q: Do you recall the date, approximately? A: No, I do not recall an approximate date. Q: Not even… Read More
Feedback from Jurors After Trial
The jury is still deadlocked after three days of deliberations, and the judge declares a mistrial. She releases the jurors. Anyone interested in answering questions from the lawyers, she tells them, should stick around in the jury room…. Read More
Second Fiddle at a Jury Trial
It is not easy sitting second-chair at a trial when you are used to running the show yourself. Recently appointed as a provisional member of the panel to represent indigent criminal defendants in D.C., I need to second-chair… Read More
And Sometimes the Court Views the Government’s Witness the Same Way You Do
THE COURT: Okay. Now, see, we’re running into a little bit of a problem here. THE WITNESS: Okay. THE COURT: This is a trial in an American courtroom. THE WITNESS: Okay. THE COURT: And you have sworn to… Read More
Effective <---> Ineffective Assistance of Counsel
I am doing a court-appointed criminal appeal, and I am cranky with the defense lawyer who tried the case. He won’t return my phone calls. He won’t send me the trial file. I have no idea why he… Read More
Trial Transcript: New Prosecutor Struggles With Basics of Direct Examination
A: It is a photograph of the bottle that was thrown through the window. Q: How did you find that bottle? A: I didn’t find the bottle. The policeman found the bottle. THE COURT: So she didn’t find… Read More
“Badgering” the Witness at a CPO Hearing
The judge informs me that I am “badgering” the witness. I have heard of “arguing with a witness” and “harassing a witness.” Until the judge accuses me of “badgering” the witness, however, I didn’t even know there was… Read More
