Gerry Oginski's New York Legal Blog

JANUARY 23, 2018

He appeared to be in his 80's and had difficulty controlling the doctor on the witness stand. He couldn't control the witness and it showed. He took charge of the entire courtroom when he stood up and introduced himself to the anesthesiologist on the witness stand. The problem was that he was well past his prime.

Closing Argument 52

Closing Argument Witnesses Cross-Examination Evidence 52

Temple University Beasley School of Law - Advocacy

FEBRUARY 4, 2024

And character testimony may be challenged on cross-examination. The witness is asked “are you aware” or “have you heard” that defendant X was convicted in 2018 of [name of crime]. And if the person says “no, I never heard about that conviction,” the prosecution thesis in closing argument is simple.

Witnesses 40

Witnesses Closing Argument Cross-Examination Evidence 40

Gerry Oginski's New York Legal Blog

JUNE 3, 2017

The jury will hear the defense witnesses. The jury will get to listen to cross-examination of the defense witnesses. They will also be watching closely cross examination of your witnesses. During cross examination, an attorney's goal is to show that the witness is lying.

Cross-Examination 52

Cross-Examination Witnesses Closing Argument Evidence 52

Temple University Beasley School of Law - Advocacy

AUGUST 29, 2023

They came to mind, sadly, when reviewing a defense lawyer’s attempt to impeach a cooperating witness. Decades ago I witnessed this malady in a more general form, a lawyer impeaching a witness only to make the case worse for the accused. Was the witness impeached with an inconsistency? What do I mean? But this lawyer?

Cross-Examination 40

Cross-Examination Witness Impeachment Witnesses Closing Argument 40

Gerry Oginski's New York Legal Blog

JANUARY 2, 2018

There's a chair next to the judge, for the witness to testify. Then you notice there's a chair and some device on a tripod right in front of the witness' chair. Importantly, she will record every word the witness says. Having the actual transcript is extremely useful during cross examination of a witness.

Witnesses 52

Witnesses Cross-Examination Closing Argument 52

The Successful Lawyer

JANUARY 13, 2022

Visualize witness examinations. Watch your client’s demeanor as he or she is cross-examined as well. Imagine the actual cross-examination to help you prepare ways to preemptively neutralize it. Both consciously and unconsciously, their arguments have been percolating in your mind for months.

Cross-Examination 40

Cross-Examination Exhibits Rebuttal Closing Argument 40

Temple University Beasley School of Law - Advocacy

DECEMBER 15, 2023

In one iteration of his “Ten Commandments” lecture on cross-examination, the famed advocacy teacher Irving Younger posited that ‘less is more.’ When showing a witness’ bias, you need not call them out as a liar; instead, simply argue in closing “and the witness, who testified for the defendant – it’s their mother.”

Burden Of Proof 40

Burden Of Proof Cross-Examination Closing Argument Witnesses 40