Monthly Archives: February 2010

February 28, 2010
8:45 pm
by: Bobby G. Frederick

PCR granted for failure to object to hearsay and bolstering by forensic interviewer

In Smith v. State, decided February 16, the S.C. Supreme Court granted post conviction relief to Smith, finding that it was ineffective assistance of counsel to fail to object to hearsay testimony by a forensic interviewer that corroborated and bolstered … Continue reading →

Posted in Post Conviction Relief

February 28, 2010
7:57 pm
by: Bobby G. Frederick

Tell me more

Once upon a time . . . And every day . . . Until one day . . . And because of that . . . And because of that . . . Until one day . . . And … Continue reading →

Posted in Opening statement, Story

February 28, 2010
12:35 am
by: Bobby G. Frederick

4th Cir. – ACCA not triggered by failure to stop for blue light

On February 25, in U.S. v. Rivers, the Fourth Circuit held that South Carolina’s failure to stop for blue light (FTSBL) statute is not a violent felony for purposes of enhancement under the Armed Career Criminal Act (ACCA). Possession of … Continue reading →

Posted in Appellate Opinions, Federal Criminal Defense

February 27, 2010
9:11 pm
by: Bobby G. Frederick

Or maybe the lottery?

This one came right after my last post: Good day, My name is Mr William Wilcox , I work with the Euro Lottery. I am soliciting your assistance for a swift transfer of 4,528,000 GBP, should you be willing to … Continue reading →

Posted in Ethics

February 27, 2010
8:30 pm
by: Bobby G. Frederick

Free money. Really.

I feel terrible for all of these people in far away countries that are having such a hard time transferring their large sums of money into the United States. There seems to have been quite an explosion of rich divorcees, … Continue reading →

Posted in Ethics

February 24, 2010
11:26 pm
by: Bobby G. Frederick

Links

Charles Hood’s death sentence has been overturned, but not because his judge was sleeping with his prosecutor – the Texas Court of Criminal Appeals has reversed themselves, granting a new sentencing hearing based on an error in jury instructions that … Continue reading →

Posted in No category

February 24, 2010
9:36 pm
by: I am Pat Rochel

Global Weirding, Systemary Trial

The bizarre weather we’ve been having this winter has me reflecting on one way to look at trials. It snows in Atlanta in February, and the critics of global warming jump up and down with glee, proclaiming the weather to … Continue reading →

Posted in Trial theory

February 23, 2010
11:33 pm
by: Bobby G. Frederick

Mexican drug cartels in South Carolina?

According to SLED, cartels that had operations in Atlanta are relocating to North and South Carolina and Tennessee: According to Reggie Lloyd, Director of South Carolina’s State Law Enforcement Division, Mexican drug cartels that used to enjoy Atlanta, Georgia are … Continue reading →

Posted in War on drugs

February 23, 2010
11:02 pm
by: Bobby G. Frederick

New authors

I am opening up trialtheory.com to other trial lawyers who may want to share their ideas and experiences.  The only rules for posting are that the author must be a trial lawyer, the topics must be related to trial practice … Continue reading →

Posted in Uncategorized

February 22, 2010
10:00 pm
by: Bobby G. Frederick

In the moment

I take inspiration wherever I can find it.  I was listening to Matt Damon in an interview on NPR this morning, talking about his role in the movie The Informant.  He was talking about how it is the hundreds of … Continue reading →

Posted in Trial preparation