Category: Trial

  • Trial Fuel

    We’re taking a lunch break from my self-defense trial. When I’m in trial (that’s “on trial” for you New Yorkers), I eat low-carb meal replacement bars and drink lots of water. The bars are easy to carry in my trial box, they don’t go bad, they don’t make my blood sugar spike and crash in […]

  • Picking a Jury

    I’m in trial today, picking a jury in Houston on the case that was last set for trial on October 1st. (I’m actually sitting in the courtroom during the lunch break between the judge’s voir dire and the State’s. My client and his brother are accused of murder; they thought they were about to be […]

  • Crossing the Doctor — Gathering Your Pebbles

    So you chose a narrow field of inquiry on which to cross-examine the State’s expert, and you gathered a list of journal articles that might relate to the narrow field of inquiry. What next? Find a good medical library. Any medical school should have a a library that has most of the publications we’ll be […]

  • Terry MacCarthy in Plano

    The Center for American and International Law in Plano, Texas is presenting a cross-examination and impeachment seminar for the criminal defense bar December 13-14, 2007. Terry MacCarthy is the lead speaker. I recommend this seminar highly. Most of us could use more cross-examination training, and Terry is one of the best teachers. I would plan […]

  • Doing the Right Thing in Collin County

    New York Criminal Lawyer Scott Greenfield, always on the ball, brings us news out of Texas: In Collin County (criminal-defense lawyers’ Thunderdome), criminal-defense lawyer Chris Hoover, faced with a judge who refused to recuse himself or to refer the recusal motion to the presiding judge (as required by statute), deliberately refused to participate in his […]

  • Teaching Jury Selection

    Scott Greenfield has been having a discussion with his multiple personalities, all of whom are named “Steve”, about what to do with 3Ls (presumably when they’re not on law review, tormenting law profs). Scott and the Steves propose actually teaching law students how to be lawyers. I’ve been giving a lot of thought lately to […]

  • Lucky Stars — an Anti-Whine.

    Scott Greenfield at Simple Justice informs us that, in the People’s Democratic Republic of New York, there is no right to expunction (only he calls it “expungement,” which, according to my OED, is “rare” — not that there’s anything wrong with that). So I presume that if you get arrested for something in New York, […]

  • Jury Sentencing in Texas

    Gideon, following Doug Berman’s train of thought here, asks, Why don’t we have jury sentencing in non-capital criminal cases? In Texas, we do have jury sentencing in non-capital cases. The accused can elect before trial to have the jury set punishment in the event of a conviction (and we get jury trials for everything). If […]