The Gold Standard in Witness Credibility
My investigator Wayne Marshall gets an A+ for his testimony yesterday at trial. Of course, I am biased. Marshall is everything you could want in a witness: He knows his stuff. He is well-spoken, direct, straight-forward. He… Read More
Longus v. U.S.: On Bias, Extrinsic Evidence, and the Collateral Fact Rule
Bias is “the powerful distorting effect on human testimony of the witness’s emotions or feelings towards the parties or the witness’ self-interest in the outcome of the case.” That is McCormick on Evidence, and it is the clearest, most… Read More
Avoid Tit for Tat When Confronting Expert Witnesses
Guest Post by “Hamilton Burger” Every trial lawyer faces that sharp chill in the middle of the night, when your mind refuses to let go of your upcoming trial — and you realize that your opponent has… Read More
Confrontation Clause Be Damned: D.C. Continues to Use Surrogate Witnesses in DUI Cases
Michael Bruckheim was scheduled to cross-examine Lucas Zarwell, the chief forensic toxicologist in D.C., and a group of DUI lawyers had gathered outside Room 116 yesterday afternoon shortly before 2:00 pm. Zarwell testified before city council last… Read More
Sometimes A Guilty Verdict Is a Win (At Least That Is What I Tell Myself)
Although Virginia juries have a reputation for being unforgiving, I have also been told that juries in Prince William County can be pretty unpredictable. Going into trial yesterday, my client was facing a mandatory 5-year sentence for… Read More
