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

U.S. Capitol building

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

U.S. Capitol Building

  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

U.S. Capitol building

  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)

D.C. skyline

  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