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WARNING: YOUR OPENING STATEMENT OR CLOSING ARGUMENT MAY BE USED AGAINST YOU

Temple University Beasley School of Law - Advocacy

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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THE CHARACTER WITNESS CONUNDRUM

Temple University Beasley School of Law - Advocacy

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.

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This Was a HORRIBLE Example of What Lawyers SHOULD NOT Do During Closing Arguments

Gerry Oginski's New York Legal Blog

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.

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2024 Litigation Resolutions for All Litigators

Sound Jury Blog

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.

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BLINDERED BY THE LIE

Temple University Beasley School of Law - Advocacy

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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POLARIZE THE CASE

Temple University Beasley School of Law - Advocacy

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.” In one iteration of his “Ten Commandments” lecture on cross-examination, the famed advocacy teacher Irving Younger posited that ‘less is more.’

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Why the BEST Trial Lawyers in New York DON'T Do a Touchdown Dance When They Score Points at Trial

Gerry Oginski's New York Legal Blog

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.