Posted on August 24, 2015 by Julie Brook, Esq.
The basic rule is that, if you don’t make a timely objection before or when objectionable matters are mentioned or introduced, you may not be able to raise the issue on appeal. See Evid C §353. Accordingly, if you don’t ensure that a proper record is made of any adverse ruling to a motion in limine, you may just have lost a ground for appeal. Here’s how to preserve the ground for appeal when you’re on the losing end of a motion in limine. Continue reading
Filed under: Appeals, Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy | Tagged: admission of evidence, appeals, exclusing evidence, motion in limine, record on appeal | Leave a comment »
Posted on July 1, 2015 by Julie Brook, Esq.
The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know what’s not covered? Continue reading
Filed under: Legal Topics, Criminal Law, Civil Litigation, Evidence | Tagged: attorney-client privilege, confidential communications, discovery, pretrial, protected from disclosure | Leave a comment »
Posted on June 10, 2015 by Julie Brook, Esq.
Those individuals who are currently in custody or who are on probation or who have completed a sentence for one of the decriminalized felonies under Proposition 47 need to act soon. The clock is ticking on the filing deadline for petitions to reduce a felony charge and/or sentence to a misdemeanor, which in most cases is November 4, 2017, three years after the effective date of the The Safe Neighborhoods and Schools Act. See Pen C §1170.18(j). Continue reading
Filed under: Criminal Law, Legal Topics, New Legal Developments | Tagged: criminal sentencing, drug offenses, felony, misdemeanor, Prop 47, Proposition 47, resentencing, Safe Neighborhoods and Schools Act, sentence reduction | 1 Comment »
Posted on May 11, 2015 by Julie Brook, Esq.
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
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: cross-examination, Jury trial, questioning a witness, trial attorney, trial preparation, trial skills, witness | Leave a comment »
Posted on May 4, 2015 by CEB
This 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
Filed under: Business Law, Constitutional Law, Criminal Law, Legal Topics, New Legal Developments | Tagged: constitutional protection, drones, privacy, surveillance | Leave a comment »
Posted on March 6, 2015 by Julie Brook, Esq.
The 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
Filed under: Criminal Law, Legal Topics, New Legal Developments | Tagged: DUI, marijuana DUI, marijuana legalization, pot legalization, THC | 1 Comment »
Posted on February 27, 2015 by Julie Brook, Esq.
A 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
Filed under: Civil Litigation, Criminal Law, Litigation Strategy, Trial Strategy | Tagged: trial attorney, trial cross-examination, trial skills, witness, witness examination | 3 Comments »