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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...

Same court; two actors; two different appeal bond results

Photo from website of U.S. District Court (W.D. Mi.). Wesley Snipes and Paul Little (a.k.a. Max Hardcore) both are actors — very different actors, at that —  with pending federal criminal appeals from the Middle District of Florida. Their similarities end there both with the...

Halloween treats galore today from Virginia’s Supreme Court

Image from Virginia Forestry Dept’s website. Halloween treats came before sundown today with the following favorable criminal rulings from Virginia’s Supreme Court, which issues opinions around every six weeks: – Virginia’s Supreme Court reversed a rape conviction where not more than a scintilla of evidence...

The dragnet of drug arrests

DEA image in the public domain. In college, on-campus drug use — and sometimes drug sales, apparently — ran rampant. I would sometimes be right in the room or in the dorm hallway as others smoked pot or, in one instance, snorted cocaine. If I did not...

Defending online copyright infringement

On September 19, 2008, I went to sentencing with my client for this online copyright infringement case. Fortunately, the judge varied substantially below the sentencing guidelines, saying that they are excessive for my client’s case, after having addressed such factors as the sentences of co-conspirators that...