Notes from practice · D.C. Superior Court
Cross-examining a pro se petitioner in a CPO case
Trying a case — in this case, a CPO hearing — against an unrepresented party is always an experience....
Call me Mr. Reasonable
I suspect that my remote-hearing persona may be more adversarial than my in-person one. And this concerns me: What does this say about me?...
A “chance encounter” at the airport
Q: Well, let me spell it out for you. At the airport, you showed up out of the blue, uninvited. Just like in the song....
A “no-lose” question at a CPO hearing
You have to love the “no-lose” questions on cross-examination. Yes or no. You win no matter how the witness responds....
The stupefied police officer
Police officers have all the answers on direct examination. The clarity and animation disappear when it comes time to answer questions from the defense....
Truth=good. Lie=bad.
Complaining witnesses lie on the stand. This never ceases to amaze me. They could be telling the absolute truth about events that led to the...
I try cases
I have taken 63 cases to trial since 2015. I have secured outright acquittals in 23 of these cases – roughly 37 % – and...
I like Mr. Williams
There are tons of criminal defense lawyers eager to tell their war stories. But how many people have been acquitted of a felony criminal offense?...
Police officers should not be advocates
Police officers have an instinctual unwillingness to agree with a defense attorney. Call me old-fashioned but I think it should be “just the facts, ma’m.”...
The definition of “stuporous” and other dumb police-isms.
Imagine my delight upon seeing the term “stuporous” used in the police report. Sometimes officers try to do too much. They should stay in their...
“You do not know how to read a Google Map?”
Q: So you followed him back to his house? A: I didn’t follow him. I was on my way to my mother’s house. She lives in that area. Q: You...
Police officers are not neutral and disinterested witnesses
It is true that police officers have no stake in the outcome of the case. But they are hardly neutral and disinterested witnesses....
Trial transcript: impeaching lying witness
Q: Ms. Jones. You realize that when the police interviewed you, they were wearing body worn cameras? A: Actually I didn’t know that. That’s not...
Patience. Not drama.
At a recent trial, I called my client’s mother as our only witness. I regretted this almost immediately. We had interviewed her. We had subpoenaed...
The difference between a leading and non-leading question
“What is your name?” That is a non-leading question. Compare that with “Your name is John Smith, isn’t it?” That would be leading. It basically tells...