Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should. Like everything else at trial, whether to move for mistrial is a tactical decision. Continue reading
When a conflict arises between neighbors, attorneys often recommend that their clients keep a record of events. A written log of dates and times is one thing, but a video or audio recording can easily step over the line from keeping tabs to violating privacy rights. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Real Property Law | Tagged: eavesdropping, invasion of privacy, neighbor disputes, photographing, secret recording, video recording | 2 Comments »
The following is a guest blog post by Hon. Alan Pendleton, Tenth Judicial District Court Judge in Anoka, Minnesota and Gael B. Strack, JD, CEO and Co-Founder of the Family Justice Center Alliance in San Diego.
The arrests of Ravens running back Ray Rice and San Francisco 49er defensive tackle Ray McDonald have, once again, thrust the ugly specter of domestic violence into the forefront of American consciousness. One of the most terrorizing and lethal forms of violence used by men against their female intimate partners is strangulation. Strangulation is much more common and serious than professionals have realized. Judges and attorneys who deal with perpetrators and victims of domestic violence need to be well-versed in the facts about strangulation; the most effective weapon against domestic violence is education and training. Continue reading
The following is a guest blog post by Norton Tooby, who has a national law practice in Oakland, California, providing expert consultation and representation on immigration consequences of criminal convictions, post-conviction relief, and criminal defense of noncitizens.
The Supreme Court has focused attention on the need to advise clients accurately on the specific immigration consequences of a guilty plea. Padilla v Kentucky (2010) 130 SCt 1473. But it’s also essential that defense counsel accurately advise clients about the sentencing consequences of his or her immigration status. Counsel must also do whatever is possible to prevent a defendant’s immigration status from destroying his or her opportunities for the alternatives to incarceration used in most criminal cases that result in sentences.
Filed under: Criminal Law, Legal Topics | Tagged: alternative sentencing, crimigration, criminal defendant, criminal law, defense counsel, ICE detention, ICE hold, immigration status, Padilla, sentencing | 2 Comments »
A witness who would otherwise be incompetent because he or she can’t understand or speak English can be made effectively competent by using an interpreter. But what happens when the interpreter is accused of being incompetent? Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: competence, court interpreter, incompetent interpreter, interpreter, jury, testimony, translation, translator, trial, witness | 1 Comment »
In a stunning victory for Fourth Amendment rights and personal information privacy generally, the United States Supreme Court in Riley v California has held that police may not search an arrestee’s cell phone without a warrant. This unanimous decision suggests that both the liberal and the conservative wings of the Supreme Court agree that personal information on cell phones (and presumably other mobile devices) is protected under the Fourth Amendment. Continue reading
Filed under: Criminal Law, Legal Topics | Tagged: arrest, cell phone search, criminal defense, Fourth Amendment, personal information, privacy rights, search warrant, warrantless search | 2 Comments »
For many people—especially avid courtroom drama watchers—the anticipation of being cross-examined is terrifying. If your client is one of these people, try these calming techniques. Continue reading
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorney-client relationship, cross-examination, Jury trial, litigation, trial, trial witness, witness preparation | 6 Comments »