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

The witness is asked “are you aware” or “have you heard” that defendant X was convicted in 2018 of [name of crime]. The theory is simple if not simplistic: if the witness says “yes, I’ve heard of that conviction” then the prosecutor, in closing argument, may question that witness’ standards. ” Michelson v.

Witnesses 40

Witnesses Closing Argument Cross-Examination Evidence 40

Temple University Beasley School of Law - Advocacy

JANUARY 16, 2024

They may dispense with proof of facts for which witnesses would otherwise be called.” The same has been applied to closing arguments. Our review of Bentson’s closing statement convinces us that the language quoted above was a straightforward judicial admission, not merely a concession for the sake of argument.

Closing Argument 40

Closing Argument Opening Statement Admissibility Pleadings 40

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Instead, resolve to put your witness through a mock deposition practice session.

Litigation 52

Litigation Jury Selection Closing Argument Depositions 52

Gerry Oginski's New York Legal Blog

JUNE 3, 2017

You'll get to present your evidence. 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

Evidence at Trial

MARCH 22, 2023

One its expert witnesses walked the jury through powerful demonstrative evidence detailing DNA contamination in its crime lab. When asked to explain how, the defense attorney stated that in future cases, "the defendants' attorneys will simply ask the court to take judicial notice of the [expert witness'] testimony." Pretty dull.

Evidence 52

Evidence Witnesses Hearsay Rule Admissibility 52

Evidence at Trial

OCTOBER 3, 2022

— Franklin Delano Roosevelt Too often in jury trials, attorneys mistakenly think getting evidence admitted is a dry and mechanical process separate and apart from the task of persuasion. Closing argument, the theory goes, is when it will all come together. "Be sincere, Be Brief, Be seated. This was not always the case.

Admissibility 52

Admissibility Evidence Exhibits Objections 52