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.
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.
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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.
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.
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. There are many ways to do this.
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.
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?
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