jury
Judges and jurors – Police are not immune from lying
Judges and jurors must know that police are not immune from lying. Consider Michael Picard's plight. State trooper(s) from my natal state of Connecticut in September 2015 told Picard he was unlawfully filming them. Picard insisted he had the legal right to film them while...
SCOTUS- For double jeopardy, a criminal defendant has burden to show an acquittal happened
In Bravo-Fernandez v. U.S., ___ U.S. ___ (Nov. 29, 2016), the jury returned inconsistent verdicts of conviction and acquittal under separate counts of the same statute. Bravo-Fernandez got his conviction overturned on appeal due to erroneous jury instructions, therefor enabling a retrial.
Keep eyes on the prize rather than on the prosecutor’s strengths and weaknesses
Many prosecutors talk tough in the courtroom hallway or on the phone, but deliver seemingly lackluster, cookbook, tepid or even timid performance at trial or at hearings. The strength or weakness of an opponent' performance is a distraction
When police entice people to commit crimes
Police do not only focus on identifying and stopping criminal activity, but also on encouraging people to commit criminal activity and then arresting them. We see the latter activity happen with undercover police who ask people to arrange drug deals, rob non-existent drug stash houses,...
A trial lawyer must constantly re-examine and improve courtroom performance
Successful courtroom performance necessitates a combination of thorough preparation and improvisation. The preparation is needed just as any battle requires preparation.
How to persuade a hard-line judge or jury to see the case on its own merits
It can be scary for a criminal defense lawyer to place the fate of his or her client in the hands of the judge and jury. However, the effective criminal defense lawyer does not simply hand the defendant to the jury.
To postpone a misdemeanor trial or not- That is the question
Why postpone a Virginia General District Court trial at all? Possibly to further address new evidence or other discovery that has been obtained on the trial date. Possibly to work further on settlement negotiations.
