Trial theory

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...

Scenes of a Crime – Review

Scenes of a Crime – Review

Scenes of a crime is a compelling documentary about the case of Adrian Thomas, who was convicted of killing his...

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,...

Jury Nullification law passed in New Hampshire

Jury Nullification law passed in New Hampshire

New Hampshire has signed into law a statute that essentially allows the defense to inform the jury of their right...

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...

Trial Chicken – a day in the life

Trial Chicken – a day in the life

Last week was a term of court for Horry County Central Jury Court – on Thursday, six cases were dismissed...

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...

Should jurors be permitted to question witnesses?

Should jurors be permitted to question witnesses?

The idea initially makes me a bit nervous – who knows what questions would arise and how do you un-ring...

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,...