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’s motion did not specifically challenge the evidentiary basis for the jury’s rejection of his affirmative defense of duress, causing the court of appeals to conclude that the issue was waived on appeal. ___ S.W.3d ___, ___. [read post]
31 Mar 2010, 11:19 am by Daniel E. Cummins
The better practice may be to anticipate issues that may arise and address them with the court before the jury is brought into the room and put into the jury box.Q: What’s the difference between a good lawyer and a great lawyer? [read post]
14 Jan 2021, 8:13 am
  At trial, we're worried about distractions, especially for the jury, or being improperly argumentative. [read post]
18 Dec 2015, 7:00 am by Jeff Welty
We’re planning a couple of changes to the blog for 2016 that I hope will make it even better and richer. [read post]
26 Oct 2009, 3:19 pm
Van Camp, for doing an exemplary job on a case presenting some difficult legal issues. [read post]
15 Aug 2007, 3:00 am
The jury will never eyeball our closed-source accuser to determine its credibility. [read post]
31 Jan 2017, 7:03 am by MBettman
At issue is the propriety of a “trial tax,” a penalty imposed on a criminal defendant for exercising his or her right to a jury trial. [read post]
20 Feb 2018, 4:12 pm by Phil Dixon
And in determining the sufficiency of the State’s evidence to get to the jury on an issue, our Supreme Court has instructed that a trial court “must consider all ev [read post]
15 Jun 2018, 7:20 am by Matt Pulle
The concept of res gestae comes up more in criminal cases and generally refers to background evidence or acts that are not in dispute, but which can provide a greater understanding of the alleged crime or transaction at issue. [read post]
15 Jun 2018, 7:20 am by Matt Pulle
The concept of res gestae comes up more in criminal cases and generally refers to background evidence or acts that are not in dispute, but which can provide a greater understanding of the alleged crime or transaction at issue. [read post]
18 Mar 2009, 12:19 pm
The defendants raised the issue on appeal, claiming the trial court should have ordered a mistrial and given them a new chance for an impartial jury. [read post]
24 Aug 2012, 2:36 pm by Jay Stanley
(The ACLU of Massachusetts filed suit on his behalf in 2004, and a jury found that he had been unlawfully detained.) [read post]
19 Jun 2017, 6:00 am by Jeff Welty
If you’re interested, Cosby’s brief on the 404(b) issue is here. [read post]
3 Aug 2020, 11:47 am by Rick St. Hilaire
Grand jury indictment from federal court in California claims importer falsely classified ancient archaeological artifact. [read post]
16 May 2011, 2:27 pm by Brian M. Krause
When a space is abandoned by a tenant prior to the end of the lease term, keep track of efforts made to re-let the space. [read post]