Cross Examination. High Council of Judges and Prosecutors, Republic of Turkey, Study Visit to the Commonwealth of Massachusetts June 25, 2013

Size: px
Start display at page:

Download "Cross Examination. High Council of Judges and Prosecutors, Republic of Turkey, Study Visit to the Commonwealth of Massachusetts June 25, 2013"

Transcription

1 Cross Examination High Council of Judges and Prosecutors, Republic of Turkey, Study Visit to the Commonwealth of Massachusetts June 25, 2013 Dan Small Holland & Knight Copyright 2013 Holland & Knight LLP All Rights Reserved

2 Cross-Examination I. Nature II. Purposes III. Methods 2

3 I. Nature of Cross A. Starting Point Trial: Search for Truth 3

4 Search for Truth The plain and simple truth is rarely plain and never simple. ~ Oscar Wilde Irish Author,

5 1. Language B. Obstacles to the Search For Truth 2. Assumptions 3. Perspective 4. Dishonesty - The Answer: Ask More Carefully 5

6 B. Obstacles 1. Language The Twins and the Test 6

7 B. Obstacles 2. Assumptions Example: If it is written, it must be true. 7

8 2. Assumptions Document Issues 1. Credibility 2. Language 3. Context 8

9 9

10 B. Obstacles 3. Perspective Every truth has two sides; It is well to look at both, before we commit ourselves to either ~ Aesop (Ancient Fableist, BC) 10

11 11

12 12

13 13

14 B. Obstacles 4. Dishonesty Darkness cannot drive out darkness. Only light can do that. ~ Martin Luther King, Jr. 14

15 Search For Truth From a Picture Look more carefully From a Person Ask more carefully 15

16 C. Ask More Carefully Trial : act or process of testing, 15 th Century separate out (the good) by examination. From Gallo-Roman triare, 12 th Century -- Etymology Dictionary 16

17 Opening Statements Prosecution Witness(es) Direct Cross Re-Direct Defense Witness(es) Direct Cross Re-Direct Closing Arguments Judge s Instructions Deliberations and Verdict Common U.S. Trial 17

18 Direct Examination Ask More Carefully the first examination of a witness by the party calling the witness Webster s Dictionary Cross-Examination the examination of a witness who has already testified in order to check or discredit the witness s testimony, knowledge, or credibility Webster s Dictionary 18

19 Search for Truth United States Constitution in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him. - Confrontation Clause - Sixth Amendment 19

20 Search for Truth 20

21 D. Cross Examination Benefits Judges Control Information Perspective Prosecution Information Defense Witnesses Skills Defense Information Testing Skills 21

22 II. Purposes of Cross A) Bring out helpful facts B) Challenge witness credibility C) Challenge witness testimony 22

23 Purposes of Cross A) Helpful Testimony 1) Admissions 2) Positives 3) Context 23

24 24

25 25

26 Purposes of Cross B. Challenge Witness Credibility Impeachment: Matters affecting the credibility of the witness. -FRE 611(b) Credibility: The Quality of Being Trusted and Believed In. - Oxford Dictionary 26

27 B. Challenge Witness Credibility 1) Bias Impeachment Common Types 2) Inconsistent Statements 3) Prior History 27

28 1) Bias Bias - Predisposition Interest - Relationship Motive - Personal Reasons 28

29 2) Prior Inconsistent Statements Always tell the truth, It makes it easier to remember, what you said the first time. ~ Mark Twain American Author,

30 INSERT VIDEO - Philadelphia Video 30

31 2) Prior Inconsistent Statements 3C s Commit - to current statement Credit - the prior statement Confront - with inconsistency 31

32 3) Prior History Convictions Bad Acts 32

33 C. Challenge Witness Testimony Common Types 1) Memory 2) Observation 3) Contradictory Facts 33

34 1) Memory Time Common Event Context 34

35 2) Observation Capacity Circumstances Understanding Time/Distance 35

36 INSERT VIDEO - My Cousin Vinny Mrs. Reilly 36

37 3) Contradictory Facts The light was Green. The light was Red. 37

38 III. Methods of Cross DO NOT: 1) Repeat 2) Argue 3) Explore 38

39 III. Methods of Cross Direct Examination Purpose Cross Examination Purpose - Focus on Witness - Focus on Lawyer - Tell Witness Story - Make Cross Points Methods Methods - Open Questions - Closed Questions - Who, What, When, - Leading Why, Where, How - Witness Initiative - Control Witness 39

40 III. Methods of Cross Purpose: Add, Challenge, Test Method: Leading Questions - Contain Answers Example: Non-Leading: Q: What is the date today? A: I think today is June 23. Leading Q: Today is June 25, isn t that correct? A: Yes. 40

41 III. Methods of Cross Clear, Simple Statements: 5-7 Words Maximum 1 Fact per Question No Quibble Words Don t ask 1, when you should ask 4 Goals: (1) Yes or No Answers (2) Tell The Story 41

42 Q&A Story-telling Exercise Favorite Fairy Tale/Children s Story 42

43 Yes or No? Cross Examination 43

44 Cross Examination Yes or No? Why Not? Too Long Too Complicated Too Compound Too Vague Too Dependent Too Speculative 44

45 Irving Younger The Ten Commandments of Cross-Examination 1. Be brief 2. Ask short questions, using plain words. 3. Ask leading questions. 4. Ask only questions to which you already know the answers. 5. Don t let the witness merely repeat his direct testimony. 6. Don t let the witness explain. 7. Listen to the witness s answer. 8. Don t quarrel with the witness. 9. Avoid the one question too many. 10. Save the argument for summation.

46 II. Purposes of Cross A) Bring out helpful facts B) Challenge witness credibility C) Challenge witness testimony 46

47 Conclusion [Cross-examination] is beyond any doubt the greatest legal engine ever invented for the discovery of truth.... John H. Wigmore, U.S. Legal Scholar (1904) 47

Of Mice and Men Mock Trial Defense Attorney Packet

Of Mice and Men Mock Trial Defense Attorney Packet Of Mice and Men Mock Trial Defense Attorney Packet Responsibilities: Your job is to prove George Milton s innocence or argue that he should not be punished for his killing of Lennie Small. Your team needs

More information

Of Mice and Men Mock Trial Expert Witness Packet

Of Mice and Men Mock Trial Expert Witness Packet Of Mice and Men Mock Trial Expert Witness Packet Responsibilities: You will review the activity and the perspectives we learned and discussed when we asked whether we trusted people to decide whether a

More information

MacCarthy s Rules of Trial Advocacy

MacCarthy s Rules of Trial Advocacy By: Terence F. MacCarthy November 2012 MacCarthy s Rules of Trial Advocacy For: Leah, Donal, Jude, Deidre, Dori, Catherine, Terence and Patrick. 1) The most important and necessary quality for a trial

More information

The following materials are the product of or adapted from Marvin Ventrell and the Juvenile Law Society with permission. All rights reserved.

The following materials are the product of or adapted from Marvin Ventrell and the Juvenile Law Society with permission. All rights reserved. The following materials are the product of or adapted from Marvin Ventrell and the Juvenile Law Society with permission. All rights reserved. Trial Skills for Dependency Court? Its not just for TV Lawyers

More information

If we receive the testimony of men, the testimony of God is greater, for this is the testimony of God that he has borne concerning his Son.

If we receive the testimony of men, the testimony of God is greater, for this is the testimony of God that he has borne concerning his Son. WHO CAN YOU BELIEVE 1 JN 5:9-15 SEVENTH SUNDAY OF EASTER MAY 17, 2015 9 If we receive the testimony of men, the testimony of God is greater, for this is the testimony of God that he has borne concerning

More information

Sample Cross-Examination Questions That the Prosecutor May Ask

Sample Cross-Examination Questions That the Prosecutor May Ask Sample Cross-Examination Questions That the Prosecutor May Ask If you have prepared properly and understand the areas of your testimony that the prosecution will most likely attempt to impeach you with

More information

The State s Case. 1. Why did fire investigators believe the cause of the fire wasn t accidental?

The State s Case. 1. Why did fire investigators believe the cause of the fire wasn t accidental? The State s Case Directions: Complete the questions below as you watch Chapter 2: The State s Case from the FRONTLINE film Death by Fire. Then discuss the questions that follow with your group. As soon

More information

International Commission of Jurists

International Commission of Jurists International Commission of Jurists Asia Bibi s blasphemy case: Final plea for justice Questions and Answers October 2016 The International Commission of Jurists (ICJ) releases the following Questions

More information

MR. NELSON: Mr. Chief Justice, may it please the Court, counsel: I m somewhat caught up in where to begin. I think perhaps the first and most

MR. NELSON: Mr. Chief Justice, may it please the Court, counsel: I m somewhat caught up in where to begin. I think perhaps the first and most MR. NELSON: Mr. Chief Justice, may it please the Court, counsel: I m somewhat caught up in where to begin. I think perhaps the first and most important one of the most important things to say right now

More information

KILLER CROSS-EXAMINATION

KILLER CROSS-EXAMINATION KILLER CROSS-EXAMINATION Presented by LightStream Communications At Church of the Redeemer 200 Pennswood Road Bryn Mawr, Pennsylvania 19010 Tuesday, December 16, 2014 8:30 a.m. 1:00 p.m. (Registration

More information

CROSS-EXAMINATION OF WITNESSES. By Lawrence T. Bowman Kane Russell Coleman Logan PC

CROSS-EXAMINATION OF WITNESSES. By Lawrence T. Bowman Kane Russell Coleman Logan PC CROSS-EXAMINATION OF WITNESSES By Lawrence T. Bowman Kane Russell Coleman Logan PC 1 GREATEST LEGAL ENGINE Cross-Examination is the greatest legal engine ever invented for the discovery of truth. You can

More information

IN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO. v. : T.C. NO. 06 CR 1487

IN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO. v. : T.C. NO. 06 CR 1487 [Cite as State v. Moore, 2008-Ohio-2577.] IN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. CASE NO. 2007 CA 40 v. : T.C. NO. 06 CR 1487 MICHAEL MOORE : (Criminal

More information

Child Testimony and the Right to Present a Defense

Child Testimony and the Right to Present a Defense GW Law Faculty Publications & Other Works Faculty Scholarship 2013 Child Testimony and the Right to Present a Defense Stephen A. Saltzburg George Washington University Law School, SSALTZ@law.gwu.edu Follow

More information

Testimony of Detective Jimmy Patterson (2)

Testimony of Detective Jimmy Patterson (2) Testimony of Detective Jimmy Patterson (2) THE COURT: Mr. Mosty, are you ready? 20 MR. RICHARD C. MOSTY: Well, that 21 depends on what we're getting ready to do. 22 THE COURT: Well. All right. Where 23

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs August 5, 2008

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs August 5, 2008 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs August 5, 2008 STATE OF TENNESSEE v. NICHOLAS ALLEN MONTIETH Direct Appeal from the Circuit Court for Hardeman County 07-01-0431

More information

Is Negative Corpus Really a Corpse? John W. Reis, of Smith Moore Leatherwood P: E:

Is Negative Corpus Really a Corpse? John W. Reis, of Smith Moore Leatherwood P: E: Is Negative Corpus Really a Corpse? John W. Reis, of Smith Moore Leatherwood P: 704-384-2692 E: john.reis@smithmoorelaw.com What is Negative Corpus? Twist on corpus delicti. In crime cases, corpus delicti

More information

Rules of Evi and Objectio. Mock Trial R

Rules of Evi and Objectio. Mock Trial R Rules of Evi dence and Objectio ns Mock Trial R ules Why have evidence rules? 0Ensure a fair hearing 0Avoid wasting time/resources 0Keep out unreliable or prejudicial evidence Leading Questions 0Question

More information

OLD PATHS BAPTIST CHURCH

OLD PATHS BAPTIST CHURCH OLD PATHS BAPTIST CHURCH 1030 S. Highway 3 Northfield, MN 55057 2/6/2017 Sam Adams RE: Nate Marino issue Dear Pastor Adams: NOTE: This letter was received as an attachment to Bro. Cooley's email on 1/28/17,

More information

EXCLUSIVE: PROSECUTOR IN SERIAL 1 CASE GOES ON THE RECORD

EXCLUSIVE: PROSECUTOR IN SERIAL 1 CASE GOES ON THE RECORD EXCLUSIVE: PROSECUTOR IN SERIAL 1 CASE GOES ON THE RECORD BY NATASHA VARGAS-COOPER AND KEN SILVERSTEIN * @natashavc * @KenSilversteinl 01/07/2015 It was pretty much a run-of-the-mill domestic violence

More information

Trial Roles. Attorney Witness Research Assistant Jury Prepare testimony with witnesses Prepare questions for crossexamination

Trial Roles. Attorney Witness Research Assistant Jury Prepare testimony with witnesses Prepare questions for crossexamination Before Trial Trial Roles Attorney Witness Research Assistant Jury Prepare testimony with Prepare questions for crossexamination Write opening and closing statements Prepare testimony with attorneys Work

More information

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT MEIGS COUNTY

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT MEIGS COUNTY [Cite as State v. Smith, 2011-Ohio-965.] IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT MEIGS COUNTY STATE OF OHIO, : : Plaintiff-Appellee, : Case No. 09CA16 : vs. : Released: February 24, 2011

More information

INSTRUCTION NO. 1 - INTRODUCTION

INSTRUCTION NO. 1 - INTRODUCTION INSTRUCTION NO. 1 - INTRODUCTION Congratulations on your selection as a juror! These Instructions are to help you better understand the trial and your role in it. In an Indictment, a Grand Jury has charged

More information

Matthew 28:1-10 ~ April 16, 2017 (Easter Sunday) ~ Heritage Lutheran Church

Matthew 28:1-10 ~ April 16, 2017 (Easter Sunday) ~ Heritage Lutheran Church What Do You Believe? Matthew 28:1-10 ~ April 16, 2017 (Easter Sunday) ~ Heritage Lutheran Church What do you believe? Did OJ do it? On October 3, 1995 a jury in Los Angeles Superior Court ruled that OJ

More information

Exposing Biased Testimony On Cross. By Ben Rubinowitz and Evan Torgan

Exposing Biased Testimony On Cross. By Ben Rubinowitz and Evan Torgan Exposing Biased Testimony On Cross By Ben Rubinowitz and Evan Torgan Few things are more enjoyable to a cross examiner than destroying a witness who has intentionally lied during direct examination. Catching

More information

1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH PLAINTIFF, JURY TRIAL TRIAL - DAY 23 5 vs. Case No.

1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH PLAINTIFF, JURY TRIAL TRIAL - DAY 23 5 vs. Case No. 1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH 1 2 3 STATE OF WISCONSIN, 4 PLAINTIFF, JURY TRIAL TRIAL - DAY 23 5 vs. Case No. 05 CF 381 6 STEVEN A. AVERY, 7 DEFENDANT. 8 DATE: MARCH 14,

More information

SUPREME COURT OF ARKANSAS No. CR

SUPREME COURT OF ARKANSAS No. CR SUPREME COURT OF ARKANSAS No. CR 10-936 CLEVELAND EVANS, VS. STATE OF ARKANSAS, APPELLANT, APPELLEE, Opinion Delivered February 3, 2011 APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, NO. CR 2008-5049, HON.

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 98-CF-273. Appeal from the Superior Court of the District of Columbia (F )

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 98-CF-273. Appeal from the Superior Court of the District of Columbia (F ) Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

EXPOSING THE MONSTER: EFFECTIVE CROSS-EXAMINATION

EXPOSING THE MONSTER: EFFECTIVE CROSS-EXAMINATION EXPOSING THE MONSTER: EFFECTIVE CROSS-EXAMINATION No one has instructed more articulately or entertainingly on the subject of cross examination than Irving Younger. No paper written on cross-examination

More information

Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000) (en banc). Affirmed.

Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000) (en banc). Affirmed. ACKER v. STATE Cite as 787 So.2d 77 (Fla.App. 2 Dist. 2001) Fla. 77 Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000) (en banc). Affirmed. ALTENBERND, A.C.J., and WHATLEY and NORTHCUTT, JJ., concur.,

More information

GENERAL DEPOSITION GUIDELINES

GENERAL DEPOSITION GUIDELINES GENERAL DEPOSITION GUIDELINES AN ORAL DEPOSITION IS SWORN TESTIMONY TAKEN AND RECORDED BEFORE TRIAL. The purpose is to discover facts, obtain leads to other evidence, preserve testimony of an witness who

More information

Both Hollingsworth and Schroeder testified that as Branch Davidians, they thought that God's true believers were

Both Hollingsworth and Schroeder testified that as Branch Davidians, they thought that God's true believers were The verdict isn't in yet, but the fate of the 11 Branch Davidians being tried in San Antonio will probably turn on the jury's evaluation of the testimony of the government's two star witnesses, Victorine

More information

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, vs. JOHN MOSLEY Defendant-Appellant. APPEAL NO. C-150627 TRIAL NO. 15CRB-25900 JUDGMENT

More information

Michael Duane Zack III v. State of Florida

Michael Duane Zack III v. State of Florida The following is a real-time transcript taken as closed captioning during the oral argument proceedings, and as such, may contain errors. This service is provided solely for the purpose of assisting those

More information

Prosecutor grilled, Bevilacqua deflected, grand jury testimony from 2003 shows

Prosecutor grilled, Bevilacqua deflected, grand jury testimony from 2003 shows Prosecutor grilled, Bevilacqua deflected, grand jury testimony from 2003 shows By Nancy Phillips, Craig R. McCoy, Maria Panaritis, and David O'Reilly Inquirer Staff Writers Posted on Sun, Jul. 24, 2011

More information

DEPOSITION INSTRUCTIONS

DEPOSITION INSTRUCTIONS DEPOSITION INSTRUCTIONS The purpose of this memorandum is to inform you of what a deposition is, why it is being taken, how it will be taken, and the pitfalls to be avoided during its taking. WHAT IS DEPOSTION

More information

Anticipatory Guide. Explanation. Statement. I Agree. Disagree

Anticipatory Guide. Explanation. Statement. I Agree. Disagree Name: Current Unit Anticipatory Guide Date: Team: Read each statement to yourself and place a checkmark next to your answer ( I Agree or I Disagree ). Provide an explanation for your response. You will

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI CERTIFICATE OF INTERESTED PERSONS

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI CERTIFICATE OF INTERESTED PERSONS IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI ALBERT LEE THOMAS, JR. v. APPELLANT, NO.2007-KA-1l97-COA "'5 STATE OF MISSISSIPPI APPELLEE CERTIFICATE OF INTERESTED PERSONS The undersigned counsel

More information

By Hillel Kuttler Day 1 of trial Date: Mon Mar 20, :53:35 Copyright 2000 By The Associated Press. All Rights Reserved.

By Hillel Kuttler Day 1 of trial Date: Mon Mar 20, :53:35 Copyright 2000 By The Associated Press. All Rights Reserved. By Hillel Kuttler Day 1 of trial Date: Mon Mar 20, 2000 17:53:35 TOWSON, Md. (AP) Peace activist Philip Berrigan told a jury Monday that he and three others charged with sabotaging military aircraft had

More information

21 January 2018 Epiphany 3. The Law Is Written on the Heart

21 January 2018 Epiphany 3. The Law Is Written on the Heart 21 January 2018 Epiphany 3 The Law Is Written on the Heart Romans 2:6-16 by Rev. Michael G. Lilienthal Hymn: O Christ, Our True and Only Light, ELH#198 Let us pray: Eternal God and Father of our Lord Jesus

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 09-3082 LORD OSUNFARIAN XODUS, v. Plaintiff-Appellant, WACKENHUT CORPORATION, Defendant-Appellee. Appeal from the United States District

More information

Sue Fahami Craig Denney The Honorable Scott Freeman Mary Boetsch Carla Higginbotham Michael Large

Sue Fahami Craig Denney The Honorable Scott Freeman Mary Boetsch Carla Higginbotham Michael Large Sue Fahami Craig Denney The Honorable Scott Freeman Mary Boetsch Carla Higginbotham Michael Large Master Dixie Grossman Benjamin Albers Zelalem Bogale Procter Hug IV Steven Silva Special Guest Star: The

More information

PETITION FOR PARDONS OF INNOCENCE

PETITION FOR PARDONS OF INNOCENCE STATE OF NORTH CAROLINA PENDER COUNTY BEFORE THE GOVERNOR IN THE MATTER OF THE PARDON ) PETITION OF: ) Dr. Benjamin Chavis, Connie ) Tindall, Willie Earl Vereen, ) Marvin Patrick, Anne Sheppard ) Turner,

More information

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37

NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : JUSTIN JAMES ROZNOWSKI, : : Appellant : No. 1857 WDA

More information

In the Provincial Court of British Columbia

In the Provincial Court of British Columbia File No: 40401-1 Registry: Courtenay In the Provincial Court of British Columbia REGINA v. KYLIE NIKKELS REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE CROCKETT COPY Crown Counsel: Defence Counsel: Place

More information

Am I free? Freedom vs. Fate

Am I free? Freedom vs. Fate Am I free? Freedom vs. Fate We ve been discussing the free will defense as a response to the argument from evil. This response assumes something about us: that we have free will. But what does this mean?

More information

Relating to Electricity, 1885, Vol 33. makes more sense that they married in Utah Territory.

Relating to Electricity, 1885, Vol 33. makes more sense that they married in Utah Territory. Edward Randall Pike Edward Randall Pike was born 8 December 1857 in Brigg, Lincolnshire, England. He was the youngest of seven children of Peter Newman Pike and Mary Hendrie Randall. As a young boy, he

More information

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI PATRICK BERNARD GILES NO KA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI PATRICK BERNARD GILES NO KA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE E-Filed Document Aug 25 2015 17:45:18 2013-KA-01888-SCT Pages: 19 IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI PATRICK BERNARD GILES APPELLANT VS. NO. 2013-KA-01888 STATE OF MISSISSIPPI APPELLEE BRIEF

More information

This testimony of the Advocate, much more than the testimony and defense by a dedicated, strong, and tough lawyer, is a matter of life and death.

This testimony of the Advocate, much more than the testimony and defense by a dedicated, strong, and tough lawyer, is a matter of life and death. Page 1 According to the dictionary, an advocate is "a powerful and influential person who defends or maintains a cause or proposal on our behalf." Someone working for us and on our behalf can be very beneficial

More information

VOIR DIRE: THE ART AND SCIENCE OF JURY SELECTION

VOIR DIRE: THE ART AND SCIENCE OF JURY SELECTION VOIR DIRE: THE ART AND SCIENCE OF JURY SELECTION Presented by: JAMES L. MITCHELL Sommerman, Moore & Mitchell, L.L.P. 3232 McKinney Avenue, Suite 1160 Dallas, Texas 75204-2407 Telephone: (214) 720-0720

More information

The Secrets of Cross-Examination

The Secrets of Cross-Examination The Secrets of Cross-Examination How to Avoid the Pitfalls at Trial TIMOTHY B. WALTHALL The author is a trial lawyer for the U.S. Department of Justice, formerly with the law firm of McCampbell & Walthall,

More information

JANUARY 22, 2014 STATE OF LOUISIANA NO KA-0397 VERSUS COURT OF APPEAL EDWARD AUGUSTINE FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

JANUARY 22, 2014 STATE OF LOUISIANA NO KA-0397 VERSUS COURT OF APPEAL EDWARD AUGUSTINE FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * * STATE OF LOUISIANA VERSUS EDWARD AUGUSTINE * * * * * * * * * * * NO. 2013-KA-0397 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 504-596, SECTION

More information

The Privilege of Self-examination Rosh Hashanah, Day Two September 15, Tishrei 5776 Rabbi Van Lanckton Temple B nai Shalom Braintree, Massachus

The Privilege of Self-examination Rosh Hashanah, Day Two September 15, Tishrei 5776 Rabbi Van Lanckton Temple B nai Shalom Braintree, Massachus The Privilege of Self-examination Rosh Hashanah, Day Two September 15, 2015 2 Tishrei 5776 Rabbi Van Lanckton Temple B nai Shalom Braintree, Massachusetts The arraignment of Johnny Peanuts was my first

More information

Reasons for Belief Session 1 I Struggle With Doubt. Is That OK?

Reasons for Belief Session 1 I Struggle With Doubt. Is That OK? Reasons for Belief Session 1 I Struggle With Doubt. Is That OK? God desires active faith in Christians (James 2:14-26). As James shows, this type of faith involves the mind, emotions, and will. If any

More information

Is Faith Worth Believing?

Is Faith Worth Believing? Is Faith Worth Believing? 1 Is Faith Worth Believing? By Mark McGee Atheist philosopher Peter Boghossian believes that faith is pretending to know things you don t know (May 6, 2012 public lecture richarddawkins.net/).

More information

o Stam is not clear that he knew Richard s position on the King James Bible (KJB) before asking him to come and work for him in the late 1970s.

o Stam is not clear that he knew Richard s position on the King James Bible (KJB) before asking him to come and work for him in the late 1970s. 1 Sunday, March 2, 2014 Grace Life School of Theology Grace History Project Lesson 129 The Life and Ministry of C. Richard Jordan: Leaving the Bible Society, Part 2 Introduction/Review In our last study

More information

grassroots, and the letters are still coming forward, and if anyone s going listen, I do hold out hope that it s these commissioners.

grassroots, and the letters are still coming forward, and if anyone s going listen, I do hold out hope that it s these commissioners. Barbara Barker My name is Barbara Barker and I m born and raised in Newfoundland, Grand Falls is my hometown. I m a member of the Qualipu First Nation, we are a newly created band in Canada and the big

More information

10.47am: Justice Byrne first summarised the defence case for the jury.

10.47am: Justice Byrne first summarised the defence case for the jury. 10.47am: Justice Byrne first summarised the defence case for the jury. He said barrister Michael Byrne QC, for the accused, told the jury in his closing address that family, friends and the Baden-Clay

More information

The Inward Testimony of the Holy Spirit. The Spirit himself testifies with our spirit that we are God s children.

The Inward Testimony of the Holy Spirit. The Spirit himself testifies with our spirit that we are God s children. XIII The Inward Testimony of the Holy Spirit The Spirit himself testifies with our spirit that we are God s children. (ROMANS 8:16) Earlier I dealt with the previous verses in Romans 8 which speak of being

More information

Perjury Warrant Denied Against Former DPD Deputy Chief James Tolbert

Perjury Warrant Denied Against Former DPD Deputy Chief James Tolbert KYM L. WORTHY PROSECUTING ATTORNEY COUNTY OF WAYNE OFFICE OF THE PROSECUTING ATTORNEY FRANK MURPHY HALL OF JUSTICE 1441 ST. ANTOINE STREET DETROIT, MICHIGAN 48226-2302 Press Release July 12, 2016 Five

More information

They were all accompanied outside the house, from that moment on nobody entered again.

They were all accompanied outside the house, from that moment on nobody entered again. TRIBUNALE DI PERUGIA CORTE D ASSISE, HEARING OF 7 FEBRUARY 2009 Confrontation in Court between Inspector Michele and Luca whose testimonies differed on whether the former entered the room of Meredith Kercher

More information

A CONVICTION INTEGRITY INITIATIVE. Cyrus R. Vance, Jr.*

A CONVICTION INTEGRITY INITIATIVE. Cyrus R. Vance, Jr.* A CONVICTION INTEGRITY INITIATIVE Cyrus R. Vance, Jr.* Thank you, Chief Judge Lippman. It s always a great pleasure to be with you and I want to tell you how pleased I am to be able to look forward to

More information

How do we know what s true?

How do we know what s true? Series: Which way to God? A respectful Christian exploration of answers from the Mormon Church, Islam, and other belief systems Topic #1: How do we know what s true? a foundation to help us evaluate history

More information

Thomas Peterson Testified August 29, 2012 Defense Witness

Thomas Peterson Testified August 29, 2012 Defense Witness Drew Peterson Trial 2012 - Murder of Kathleen Savio People of the State of Illinois v. Drew Peterson (09CF-1048) Will County, Joliet, Illinois Thomas Peterson Testified August 29, 2012 Defense Witness

More information

IN COURT OF APPEALS DECISION DATED AND RELEASED NOTICE. August 19, No STAN SMITH, INC., PLAINTIFF-APPELLANT,

IN COURT OF APPEALS DECISION DATED AND RELEASED NOTICE. August 19, No STAN SMITH, INC., PLAINTIFF-APPELLANT, COURT OF APPEALS DECISION DATED AND RELEASED August 19, 1997 A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See 808.10 and RULE 809.62, STATS.

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED October 2, 2003 v No. 239329; 239330 Wayne Circuit Court MANZELL C. SAMPSON, LC No. 01-001208; 01-000390

More information

Page 1 of 48 IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR HAWKINS COUNTY, STATE OF LONE STAR CRIMINAL DIVISION STATE OF LONE STAR )

Page 1 of 48 IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR HAWKINS COUNTY, STATE OF LONE STAR CRIMINAL DIVISION STATE OF LONE STAR ) IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR HAWKINS COUNTY, STATE OF LONE STAR CRIMINAL DIVISION STATE OF LONE STAR ) ) v. ) Case No. 2017-1758 ) BILLY HARGROVE, ) Defendant Page 1 of

More information

Bar Mock Trial Competition 2017/18. Student Role Guide: Barrister England, Wales and Northern Ireland

Bar Mock Trial Competition 2017/18. Student Role Guide: Barrister England, Wales and Northern Ireland Bar Mock Trial Competition 2017/18 England, Wales and Northern Ireland Introduction In any trial, two students from your team will play the role of prosecution or defence barristers. The work must be shared

More information

Contents Faith and Science

Contents Faith and Science Contents Faith and Science Introduction to Being Reformed: Faith Seeking Understanding... 3 Introduction to Faith and Science... 4 Session 1. Faith Seeking Understanding... Through Science... 5 Session

More information

The Testimony Cultivating Authentic Christian Community 1 John 5:6-12 Pastor Bryan Clark

The Testimony Cultivating Authentic Christian Community 1 John 5:6-12 Pastor Bryan Clark December 10/11, 2011 The Testimony Cultivating Authentic Christian Community 1 John 5:6-12 Pastor Bryan Clark So do you think it takes more faith to believe the story of Jesus or to reject the story of

More information

Decided: February 6, S16A1781. SMITH v. THE STATE. Appellant Christopher Rayshun Smith was tried and convicted of murder

Decided: February 6, S16A1781. SMITH v. THE STATE. Appellant Christopher Rayshun Smith was tried and convicted of murder In the Supreme Court of Georgia Decided: February 6, 2017 HUNSTEIN, Justice. S16A1781. SMITH v. THE STATE. Appellant Christopher Rayshun Smith was tried and convicted of murder and related offenses in

More information

Seth Penalver v. State of Florida

Seth Penalver v. State of Florida The following is a real-time transcript taken as closed captioning during the oral argument proceedings, and as such, may contain errors. This service is provided solely for the purpose of assisting those

More information

King David on Trial Created by Rabbi Eve Rudin Weiner

King David on Trial Created by Rabbi Eve Rudin Weiner April 2003 \ Nisan 5763 King David on Trial Created by Rabbi Eve Rudin Weiner Goals: 1. PP s will grapple with the issues of personal ethics, leadership, and legacy Objectives: 1. PP s will learn about

More information

STUDY GUIDE. Jesus Is Unique #1 (Jesus Claimed to be God)

STUDY GUIDE. Jesus Is Unique #1 (Jesus Claimed to be God) STUDY GUIDE Jesus Is Unique #1 (Jesus Claimed to be God) When I examined Christianity to make a joke of it, I looked at the person of Christ, and immediately something stood out that was different than

More information

Key Scripture. Consider & Prepare

Key Scripture. Consider & Prepare ALL AGE WORSHIP 11 WHAT IS TRUTH? Purpose The purpose of this time together is to help each person to understand more about the nature of truth and how it applies to our relationship with God. Key Scripture

More information

STATE OF OHIO DONTA SMITH

STATE OF OHIO DONTA SMITH [Cite as State v. Smith, 2008-Ohio-6954.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 90996 STATE OF OHIO PLAINTIFF-APPELLEE vs. DONTA SMITH DEFENDANT-APPELLANT

More information

Paul Fitzpatrick v. State of Florida

Paul Fitzpatrick v. State of Florida The following is a real-time transcript taken as closed captioning during the oral argument proceedings, and as such, may contain errors. This service is provided solely for the purpose of assisting those

More information

Gospel of Mark Lesson 1

Gospel of Mark Lesson 1 Gospel of Mark Lesson 1 Introduction According to the Wycliffe Bible translators, more than two thousand language groups in the world still do not have any portion of the Bible translated into their language.

More information

>> ALL RISE. >> SUPREME COURT OF FLORIDA IS NOW IN SESSION. >> OKAY. GOOD MORNING. THE NEXT CASE ON THE DOCKET IS BROOKINS V. STATE. COUNSEL?

>> ALL RISE. >> SUPREME COURT OF FLORIDA IS NOW IN SESSION. >> OKAY. GOOD MORNING. THE NEXT CASE ON THE DOCKET IS BROOKINS V. STATE. COUNSEL? >> ALL RISE. >> SUPREME COURT OF FLORIDA IS NOW IN SESSION. >> OKAY. GOOD MORNING. THE NEXT CASE ON THE DOCKET IS BROOKINS V. STATE. COUNSEL? >> MAY IT PLEASE THE COURT, YOUR HONOR, I'M BAYA HARRISON,

More information

This is a public notice to Mr. Dirk Laureyssens and it has been registered

This is a public notice to Mr. Dirk Laureyssens and it has been registered This is a public notice to Mr. Dirk Laureyssens and it has been registered This is to notify Mr. Dirk Laureyssens and his law firms to be appointed, that Stichting the Keshe Foundation registered in Holland,

More information

No Plaintiff and Appellant, Defendant and Respondent.

No Plaintiff and Appellant, Defendant and Respondent. No. 12593 IN TJ3E SUPREME COURT OF THE STATE OF MONTANA 1974 THE STATE OF MONTANA, -vs - Plaintiff and Appellant, HAROLD BRYAN SMITH, Defendant and Respondent. Appeal from: District Court of the Second

More information

Or maybe that s the wrong question.

Or maybe that s the wrong question. Longings Let me begin this morning by asking you to think of a time that you wanted something badly, which you later received. Try to remember what it was like to long for that thing, and then actually

More information

1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH vs. Case No. 05 CF 381

1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH vs. Case No. 05 CF 381 1 STATE OF WISCONSIN : CIRCUIT COURT : MANITOWOC COUNTY BRANCH 1 2 3 STATE OF WISCONSIN, 4 PLAINTIFF, 05 CF 381 5 vs. Case No. 05 CF 381 6 STEVEN A. AVERY, 7 DEFENDANT. 8 DATE: September 28, 2009 9 BEFORE:

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued May 26, 2011 In The Court of Appeals For The First District of Texas NO. 01-10-00680-CR JOSE SORTO JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 412th District Court

More information

Jesus Magnified. Luke 23

Jesus Magnified. Luke 23 Jesus Magnified Luke 23 Lesson 20 FIRST DAY: Read Luke 23 Every person who has ever lived will give an account before the living God. On that day the determining question will be, What did you do with

More information

STATE OF OHIO ERIC SMITH

STATE OF OHIO ERIC SMITH [Cite as State v. Smith, 2010-Ohio-4006.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 93593 STATE OF OHIO PLAINTIFF-APPELLEE vs. ERIC SMITH DEFENDANT-APPELLANT

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 94-CF Appeal from the Superior Court of the District of Columbia

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 94-CF Appeal from the Superior Court of the District of Columbia Notice: This opinion is subject to formal revision before publication in the tlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

VOIR DIRE: THE ART AND SCIENCE OF JURY SELECTION

VOIR DIRE: THE ART AND SCIENCE OF JURY SELECTION VOIR DIRE: THE ART AND SCIENCE OF JURY SELECTION Presented by: JAMES L. MITCHELL Brown, Sawicki & Mitchell, L.L.P. 2626 Cole Avenue, Suite 850 Dallas, Texas 75204 Telephone: (214) 468-8844 Facsimile: (214)

More information

Presumed Innocent The Burden Of Proof By Scott. Turow

Presumed Innocent The Burden Of Proof By Scott. Turow Presumed Innocent The Burden Of Proof By Scott. Turow PA 7.01 PRESUMPTION OF INNOCENCE BURDEN OF PROOF A fundamental principle of our system of criminal law is that the defendant is presumed to be innocent

More information

Lifted Up! The Great White Throne Judgement

Lifted Up! The Great White Throne Judgement Lifted Up! The Great White Throne Judgement Background to this week s story. There are six major prophetic stories in Revelation. 1. The seven churches (Revelation 1-3) 2. The great tribulation (Revelation

More information

What Are We Telling the Kids? Teaching Genesis to Teenagers

What Are We Telling the Kids? Teaching Genesis to Teenagers Word & World Volume 29, Number 1 Winter 2009 What Are We Telling the Kids? Teaching Genesis to Teenagers PAUL E. NYNAS QUESTIONS AND MORE QUESTIONS f God created the world, then who created God? Why did

More information

Apologetics Through Uncommon Research

Apologetics Through Uncommon Research Apologetics Through Uncommon Research The Case for Christ: A Journalist's Personal Investigation of the Evidence for Jesus Lee Strobel (Author) - (Copyright 1998 / 2016) Retracing his own spiritual journey

More information

Effectively Examining the Difficult Witness

Effectively Examining the Difficult Witness Effectively Examining the Difficult Witness Trisha M. Rich 1 Holland & Knight Chicago, Illinois 1. Introduction The career of a trial attorney will undoubtedly include examining uncooperative witnesses.

More information

The Life of Martin Luther Sunday School lesson

The Life of Martin Luther Sunday School lesson The Life of Martin Luther Sunday School lesson This single-lesson curriculum teaches kids ages 4-10 about the life of Martin Luther and the Protestant Reformation. This will be a perfect activity for Reformation

More information

Post-Dawn Trial Of Jesus Before Sanhedrin Lesson 5

Post-Dawn Trial Of Jesus Before Sanhedrin Lesson 5 "Scripture taken from the NEW AMERICAN STANDARD BIBLE, Copyright 1960, 1962, 1963, 1968, 1971, 1972, 1973, 1975, 1977, 1995 by The Lockman Foundation Used by permission." (www.lockman.org) Post-Dawn Trial

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida PER CURIAM. No. SC13-2246 DERRICK TYRONE SMITH, Appellant, vs. STATE OF FLORIDA, Appellee. [October 5, 2017] Derrick Tyrone Smith, a prisoner under sentence of death, appeals two

More information

>> ALL RISE. SUPREME COURT OF FLORIDA IS NOW IN SESSION. PLEASE BE SEATED. >> GOOD MORNING TO BOTH OF YOU. THE LAST CASE THIS WEEK IS CALLOWAY V.

>> ALL RISE. SUPREME COURT OF FLORIDA IS NOW IN SESSION. PLEASE BE SEATED. >> GOOD MORNING TO BOTH OF YOU. THE LAST CASE THIS WEEK IS CALLOWAY V. >> ALL RISE. SUPREME COURT OF FLORIDA IS NOW IN SESSION. PLEASE BE SEATED. >> GOOD MORNING TO BOTH OF YOU. THE LAST CASE THIS WEEK IS CALLOWAY V. STATE OF FLORIDA. >> GOOD MORNING, MY NAME IS SCOTT SAKIN,

More information

Verdicts: Trial D. The Church banned his Dialogue. The book remained banned for the next 200 years.

Verdicts: Trial D. The Church banned his Dialogue. The book remained banned for the next 200 years. Verdicts: Trial A By the time closing arguments began in the Simpson case, the trial had already broken the record set by the Charles Manson case as the longest jury trial in California history. The jury

More information

Follow the leader. Watch the Video. Joshua 1:1-18. Notes

Follow the leader. Watch the Video. Joshua 1:1-18. Notes Follow the leader Joshua 1:1-18 1 Core Idea: Obedience requires courage. If comfort is our goal, the abundant life will be little more than wishful thinking. Basic Principle: God will not tell us something

More information

EXECUTION AND INVENTION: DEATH PENALTY DISCOURSE IN EARLY RABBINIC. Press Pp $ ISBN:

EXECUTION AND INVENTION: DEATH PENALTY DISCOURSE IN EARLY RABBINIC. Press Pp $ ISBN: EXECUTION AND INVENTION: DEATH PENALTY DISCOURSE IN EARLY RABBINIC AND CHRISTIAN CULTURES. By Beth A. Berkowitz. Oxford University Press 2006. Pp. 349. $55.00. ISBN: 0-195-17919-6. Beth Berkowitz argues

More information

Introduction to Law Chapter 1 Sec. 2 Notes The Evolution of Western Legal Theory

Introduction to Law Chapter 1 Sec. 2 Notes The Evolution of Western Legal Theory Introduction to Law Chapter 1 Sec. 2 Notes The Evolution of Western Legal Theory Urukagina s Code 2350 B.C. - Although a copy of this code has never been discovered, it is mentioned in other documents

More information