Notes from practice · D.C. Superior Court
On the true meaning of “tragedy”
A man is charged with soliciting a prostitute. He is a Lyft driver who, on the night in question, drops off a customer in D.C....
Laying the Foundation for an “Excited Utterance”
Q. Officer. When you arrived, the altercation was still on-going, right? A. That’s right. Q. So you have no idea how it started? A. No,...
Police Officers as Neutral, Disinterested Witnesses
I like most of the police officers I work with. Access to body worn camera footage has also given me greater respect for what they...
Impeachment on Personnel Records
Q: If you lost your body worn camera, you could get written up for that, right? A: Yeah, if you lost it, yes. But in...
Imperfect Impeachment and Kamala Harris
It is my Kamala Harris moment. You recall her questioning of Brett Kavanaugh at his confirmation hearing. She sets him up carefully: Q: Judge, have...
The Rule on Witnesses at a D.C. DMV Hearing
DEFENSE: Before I begin my argument, I’d like to invoke the rule on witnesses. HEARING EXAMINER: The what? The rule on witnesses? DEFENSE: Yes, sir. The...
“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...
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,...
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...
“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,...
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...
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...
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...
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....
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...