12 Must-Do Tasks Before Cross-Examination

Few attorneys have the time or budget to do detailed preparation for cross-examination of every witness. And even if the budget makes it possible, time spent on other aspects of trial preparation will force counsel to take shortcuts. When time is short, these 12 tasks are the bare minimum necessary for cross-examination preparation. Continue reading

Drone Law (or the Lack Thereof)

ThinkstockPhotos-452549881This following is a guest blog post by George M. Moore, PhD, JD, a Scientist-in-Residence at the Middlebury Institute of International Studies at Monterey, California, where his course in Drones and Surveillance considers both the technical and legal aspects of drone use and its impact on privacy issues. Dr. Moore is a member of the California and Colorado state bars.

The crashing of a drone on the White House grounds among other recent incidents have shown that drones may pose direct threats to our security, but perhaps a greater long-term threat of drones is to our privacy. A collision between safety, security, privacy rights, and commercial utility is about to happen, and the legal community needs to be prepared to recognize and address the issues that will surely arise. Continue reading

Should We Worry about Marijuana DUIs?

146967521The number of drivers with alcohol in their system has has gone down significantly while the number of drivers using marijuana has gone way up. Safety-wise this doesn’t seem to be a bad trade. A recent National Highway Traffic Safety Administration (NHTSA) study (.pdf) has found that drivers with THC in their blood are no more likely to be involved in car crashes than are drug-free drivers. Continue reading

Keep Cross-Examination Short (Unless You Shouldn’t)

153165013A successful evangelist once said about his sermons: “Nobody ever got religion after the first twenty minutes.” His time estimate may be wrong, but every evangelist and trial attorney has wrestled with the short attention span of their audiences. Continue reading

5 Things to Do to Prepare for Voir Dire

78724287When next faced with preparing for jury voir dire examination before trial, consider these five practical suggestions. Continue reading

Revenge Porn Victims Have New Rights

102733346In 2013 and again in 2015, California amended its disorderly conduct statute to include instances of “revenge porn.” See Pen C §647(j)(4). The first convictions are coming down with more likely to follow. Continue reading

They Know Computers But Not How to Help Your Case

183145432When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about the evidence. Such experts know all about electronic devices and data storage and retrieval, but they don’t necessarily know how to clearly relay that knowledge. It’s up to you to prepare your computer forensics expert to testify effectively. Continue reading

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