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Luck is the Residue of Design

By Scoplaw

Sometimes you think you'll have good arguments - sometimes those arguments get shot down one after another after another.  So it pays to lay some arguments here and there and then touch on them in close, because you never know what a jury might do. Tonight, after a grueling 8 hours of picking jurors, crossing cops, and fighting over evidentiary issues, we were left with not much of a case at all.  And the jury went out and out and out and out and announced they were hung - no decision would be reached on the case.  (For us, that's a victory - our client isn't hurt and we make the state try their case again.)  The thing is they hung on one of those small throw off phrases that you just say in your close.  We spent no time developing it in trial, and just pointed out it's lack in (literally) a four word phrase...continue to full post

Full post as published by Scoplaw on April 24, 2008 (boomark / email).