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A jury cannot eyeball a trial transcript

A jury cannot eyeball a witness to determine his or her credibility and demeanor by merely being read the complaining witness’s testimony from a prior proceeding. For a criminal defendant, letting such a transcript into evidence can be a double-edged sword. On the one hand, the defense...

“They’re ready for me. Loaded for bear. I stayed away from them.”

Criminal defense trial battle requires being as fearless and skilled as possible in approaching even the most formidable-seeming opponents. Edward Lee Elmore’s capital murder trial lawyer, unfortunately, exercised avoidance with forensic evidence: Properly applied, the totality-of-the-evidence standard results in only one reasonable conclusion: there is...

Love Your Jurors – Know Your Jurors

“You do not have the right to quit trying. (The universe wobbles when you do.) You have the right to quit Toxic People. (They’re contagious.) .” Dr. SunWolf (who confirms to me that this ubiquitous quote is indeed hers). In Practical Jury Dynamics, amazing human,...

“Warfare is the way of deception”- Sun Tzu

Criminal defense is battle — and sometimes war — pure and simple. I have no business taking on a client unless I will take off the boxing gloves and focus on victory at every turn, within the bounds of professional conduct rules, without concern about decimating the...