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Trials & the Art of Bloodless War

Is criminal defense work about proverbial war and sometimes bloodletting? Hell, yes, whether one wants it that way or not. As I have said before, t’ai chi principles are important to criminal defense, for focusing on harmonizing an imbalanced situation without applying more than a...

The jury is the thing. Petty offenses are the barrier

Bill of Rights. (From the public domain.) Yesterday I blogged on a recent marijuana bench trial victory in federal magistrates court. In my view, however, it is unconstitutional — absent the clear and informed consent of the criminal defendant on the record in court — to expose...

Defending and winning in federal magistrate’s court

Bill of Rights. (From the public domain.) Recently, I won a marijuana possession case in federal magistrate’s court. I won the case not through pulling any rabbits out of the hat, but by using procedural rules and procedural strategy to my advantage.  My client was issued...

Forfeiting confrontation rights through wrongdoing

Last June, the United States Supreme Court determined that Crawford v. Washington, 541 U.S. 36 (2004) strictly limits prosecutors’ ability to present to the jury a homicide victim’s testimonial hearsay, even though the victim could have testified at trial had his or her killing not been...

Does waiting tables make one a better trial lawyer?

The closest I came to waiting tables was working as a pantry assistant in the kitchen of my old summer camp, making orange juice and bug juice with a garden hose and metal oar, moving food on hand trucks and flat trucks, shoving my hand...

Winning on Framing Club Ah v. Club Blah

Photo from website of U.S. District Court (W.D. Mi.). An essential focus at the Trial Lawyers College is to replace verbal legalese droning at trial with painting word images, telling persuasive stories by re-enacting events, and talking from the first-person perspective of non-lawyers involved in...

To hell with annotations

Photo from website of U.S. District Court (W.D. Mi.). When I started law school in 1986. my legal research class included researching weighty tomes with such titles as Supreme Court Digest, F.2d Digest, and A.2d Digest, which used key numbers to find various categories and...