Trial preparation

How to Argue Reasonable Doubt

How to Argue Reasonable Doubt

Prosecutor: Proof beyond a reasonable doubt is proof that leaves you firmly convinced that the defendant is guilty. It is...

Foundations, anchors, and opening statements

Foundations, anchors, and opening statements

Skimming through notes on my iphone from the past year or so, I came across one that I wrote about...

The Wall

The Wall

Johnny Cash has a wealth of songs about prison, about misery, about murderers from the point of view of the...

Music in trial

Music in trial

Music can be a powerful tool Рin trial preparation and, when appropriate, in trial as well.  For many cases,...

Trial junkies and plea junkies

Trial junkies and plea junkies

Matt Brown in Arizona and Scott Greenfield in NY discuss trial and plea lawyers: some lawyers thrive on the adrenaline...

Mitigation and point of view

Mitigation and point of view

Whether a client’s goal is a dismissal, an acquittal, a reduced charge or a reduced sentence, I’ve found that mitigation...

Win Your Case

Win Your Case

In Win Your Case, Gerry Spence describes his approach to trying cases, and essentially lays out the method that is...

The Blind Poet – communication and persuasion

The Blind Poet – communication and persuasion

In his article, Trial Theory and Blind Poetics, Steven Lubet says that the central dilemma of litigation is that memory...

Every successful case starts with an act of imagination

Every successful case starts with an act of imagination

A few days ago I found this article, written by professor Steven Lubet at the Northwestern University School of Law,...

PCR – can the prosecutor withhold the audio/video of a drug transaction prior to trial

PCR – can the prosecutor withhold the audio/video of a drug transaction prior to trial

In Hyman v. State, decided March 14, 2012, the S.C. Supreme Court held that it is sufficient that the defendant’s...