Information and Insight on Criminal Law and Civil Rights
If you have ever been to a trial and watched the drama unfold, you likely know that it all comes apart like an old thatch roof in a windstorm when the jurors hear, then see, and try to interpret the jury instructions. It is true. Jury instructions confuse jurors, they seldom instruct them on anything.
After a trial a few…
Continue Reading Jury Instructions Do Not Instruct – They Confuse
Thirteen months have passed since Ahmed Cepalo was killed outside Backstreet Billiards. Jeremy Hobbs was charged with murder and we commenced the trial of that case on April 12. It ended today with a hung jury. Mistrial. Do – over.
Jeremy remains in jail awaiting a conclusion to this case. I won’t discuss it here as I continue to represent…
As is my custom – I will be taking a little break from this while in trial. Back in a few weeks.Continue Reading Time Out – for trial
My great and patient assistant Patty had to take a little heat yesterday from a couple callers who wanted to talk to me about their cases. "Sorry but he can’t take your call today." It was the absolute truth.
I know there is stuff going on out there in the world of criminal defense, but man – I am in…
I am a huge fan of 37 Signals and their product line of mind-freeing, software-killing, reality-driven SOLUTIONS. There, I said it – SOLUTIONS. As lawyers, we tend to only see problems. Problems are meant to be solved, not lawyered, and sometimes we simply forget the value in achieving something. Recently I had a case in which my client was charged…
I had a really nice woman in my office today who wanted to hire me to be her lawyer in a felony case. Her biggest block was, well – money. She said she had been "hoping to avoid all those hearings" and thereby make it possible to hire me. Fewer hearings means less time spent on the case and less…
Continue Reading “I Was Hoping To Avoid All Those Hearings….”
When I was a young JAG lawyer, the Army insisted on my use of this goofy phrase as I would call a fact or circumstance to the attention of a witness: "directing your attention to exhibit A, can you identify the item for the court." It had a nice "legal" sound to it and it was easy to remember. Candidly…
Continue Reading Directing Your Attention to Paul Luvera – Heads Up For Great Trial Lawyers!
Almost forgot about this one – Charles Hartman – pled guilty to sexual abuse of a minor in 2007. On January 13th a jury awarded his victim $1.9 million. Boise lawyer Walt Bithell represented the victim, who was 16 at the time she was molested. Speaking about the role of the civil case:
"The civil case is designed to do…
Continue Reading In Boise – Jury Awards Sex Abuse Victim $1.9 Million
When I was at the Trial Lawyers College I met Daniel Rodriguez – a mild mannered civil rights lawyer from Bakersfield CA. He showed me there that he was simply one of the greatest story tellers in the class and undoubtedly one of the great trial lawyers in the country. He has a home town style that quickly captivates those…
Reversing a conviction for rape this week, the Idaho Court of Appeals reminded all of us that the system works when the rules leveling the playing field are enforced. That applies to defense lawyers and prosecutors alike. As Judge Gutierrez noted: "While our system of criminal justice is adversarial in nature, and the prosecutor is expected to be diligent and leave…
Continue Reading Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance