Notes from practice · D.C. Superior Court
“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...
And Sometimes We Get Outlawyered
We like to think that the fate of our case will rise or fall depending on our lawyering. Placing us at the center of everything,...
Police Officer as Expert at DMV Hearing
Q: You are certified to administer the standardized field sobriety tests? A: Yes. Q: So you are familiar with the science behind the standardized field...
Refreshing Recollection at a DMV Hearing
DEFENSE COUNSEL: Objection. HEARING EXAMINER: Basis? DEFENSE COUNSEL: I would ask that the officer testify from memory and not read from his report. HEARING EXAMINER: ...
Watching Amy Phillips
She is assertive without being aggressive. She knows when to push and when to hang back. She is pleasant and well-spoken. She does her homework....
Sometimes I Think The Stenographer Is Out To Get Me
I read every transcript I can get my hands on, including my own. My office mate at the Philly PD’s office used to give me...
On the judges who take the bench on time
The judge takes the bench at 9:15 am. That she does this every day without fail is a sign of respect for herself, for the...
Pinning Down An Elusive Cop On Cross-Examination
Q: You testified on direct that the defendant approached you. A: Define when you say approach. Q: I am sorry? A: Define what you mean...
On the Benefits of Restraint During Cross-Examination
I am sitting in JM-15 watching Jessica Willis of the Public Defender Service cross-examine a police officer during a probable cause hearing. Willis is firm...
Pozner and Dodd on “Constructive Cross-Examination”
It is what we see on T.V. and in the movies. It is what our clients expect of us. And, providing us with war stories...
What We Learn About Our Colleagues
We feel like we know our colleagues. We know who the good ones are and we know who the bad ones are. But that is...
The “Gracious Concession”
It is great when things are going well on cross-examination and you can string out one helpful tidbit after another for maximum impact. During the...
Pozner and Dodd: “The Only Three Rules of Cross-Examination”
Much of what I needed to know about cross-examination came from a one-hour training session at the public defender’s office in Philadelphia early on in...
Pozner and Dodd on Cross-Examination
If you are like me, your views on cross-examination are heavily influenced by two different sources/authorities. First, there is Irving Younger’s lecture on the “Ten...
No Reading From Prepared Remarks
This from the Blog of Legal Times: By all accounts, it was an excruciating moment at the Supreme Court on Tuesday. A nervous first-time advocate...