Criminal Law

Trial Techniques - The Art of Cross-Examination - Part X
Rule No. 6 of 12: The successful cross-examiner stays calm and collected whatever happens. During the testimony of a witness, particularly where the witness is providing very damaging testimony, counsel cannot flinch or otherwise demonstrate through body language that his...

Trial Techniques - The Art of Cross-Examination - Part XI
Rule No. 7 of 12: The successful cross-examiner listens to the witness?s direct testimony. When a witness is called by the other side to testify against one?s client, one must be very careful to listen to that witness...

Day 2 of the Trial: The Darl - transcript of his testimony, with line #s
Let's continue with our look at the trial testimony in the SCO v. Novell litigation. This is day 2, April 30, when our star witness of the day is Darl McBride. That day, the Chris Sontag testimony had finished up, which I've shown you already, and after him, Novell called Darl to the stand...

Tape-recorded testimony of a deceased witness may be admitted as evidence in an administrative hearing
Tape-recorded testimony of a deceased witness may be admitted as evidence in an administrative hearingNYC Department of Buildings v Stallone Testing Laboratories, Inc., OATH Index #362/10OATH Administrative Law Judge Alessandra F...

We Value Your Opinion
United States v. Tsekhanovich, No. 05-4809-cr (2d Cir. October 24, 2007) (Miner, Cabranes, Straub, CJJ) (per curiam)Treading no new ground, the court reminds us that a lay person can give opinion testimony if it is both based on his first-hand perceptions and rationally derived from them...

Absent Witness was Unavailable So State Could Use Prelim Testimony Despite Crawford
Malone v. Six, 07-3268 (10/31/08) (unpub'd) - In a habeas case applying de novo review [because the state court did not rule on the issue but instead found any error harmless], the 10th held Crawford's unavailability requirement was met so as to allow the admission of an absent witness's preliminary hearing testimony...