Notes from practice · D.C. Superior Court
On Developing a Trial Persona That Works for You
One of the first things they told us during training at the public defender’s office in Philadelphia was that, although they could help us develop...
Interdum minus fit plus: Sometimes less is more.
Interdum minus fit plus. This is Latin for “sometimes less is more.”...
On getting your own witness locked up
Jamison Koehler
/
11/19/2012
/
I put our star witness in jail. I have heard about prosecutors being slammed for doing this. One of my adjunct professors in law school...
Firing Andrew Crespo
I am watching what has to be the best cross-examination at a probable cause hearing I have ever seen. It is a new attorney from...
A “Not Guilty” Letdown
I walk my client out to the street afterward (“You mean I don’t have to sign anything, I can just go?”), disappointed that, since it...
Leaving the Drama — and Surprises — for Closing Argument
Your client is cranky with you for the lousy job he thinks you are doing on cross-examination. There are no dramatic “gotcha” moments like you...
The “Imaginary Line” in the Walk-and-Turn Test
Q: Now, officer, let me turn to the walk-and-turn test. A: Okay. Q: You testified on direct that Mr. Smith stepped off the line three...
Bickering Over Basic Facts on Cross-Examination
I like the government witnesses who fight with you on cross-examination, refusing to acknowledge even the most basic facts, like whether a particular street goes...
Trial Transcript: On the Definition of “Stuporous”
DEFENSE ATTORNEY: I noticed that you checked the box for “stuporous” on the police report. OFFICER: Yes sir. Q: You also used the term on...
Trial Transcript: Initial Observations/Probable Cause to Arrest in DUI Case
Q: You testified that my client stumbled as he got out of the car that night. A: That’s right. Q: What do you mean by...
Cue the Radiotape
I am a middle-aged man with some life experience. I have been doing criminal defense for a while now. Just yesterday I posted how many...
“Don’t Editorialize”
Many police officers have a tendency to editorialize on the witness stand. It is not that the driver reached for the glove compartment after being...
Trial Transcript: A Brand New Prosecutor on Direct
POLICE OFFICER: . . . The defendants knew they were not allowed in the store. DEFENSE ATTORNEY: Objection. THE COURT: Grounds? DEFENSE ATTORNEY: Your Honor,...
Bringing the Judge Into A Plea Bargain
“That’s as low as my office is willing to go for this type of offense.” This is what the prosecutor tells me. We are talking...
Gilding the Lily on Cross-Examination
After you get what you need on cross-examination, you sit down. The charge is unlawful entry. Both defendants had been issued a barring notice from...