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Everytrial Criminal Defense Resource Book

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Index »Summary of Contents »Table of Authorities »

Everytrial Criminal Defense Resource Book

By Barbara E Bergman, Nancy Hollander

Last Updated: 8/10/2011

Availability: In Stock Details

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Brand: Clark Boardman Callaghan

Components: 1 Print

Free Update Period: 90 days

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Description

Use this guide to anticipate potential problems that may arise at trial. It is a ready reference with quick answers for handling courtroom setbacks and difficult situations. Explores issues such as when clients fail to come to court, prosecutorial misconduct, and witnesses who refuse to testify. Offers expert advice on what to do when a judge is biased or holds you in contempt, when a juror is not forthcoming during voir dire, or when evidence is presented that you do not want the jury to see or hear. Also discusses difficult co-defendants, as well as attorney conflicts and misconduct.

Features

Citations to appropriate cases and rules of evidence, procedure, and ethics
Includes sample motions for unusual in-trial and post-verdict situations
Sample jury instructions
Suggested arguments to preserve issues for appeal
Table for guidance through recurring evidentiary issues
Versatile resource for handling setbacks in the courtroom

Summary Of Contents

Preface
Part One. Jury Issues
Chapter
1. Selection Issues
2. Dismissal of Jurors
3. Notetaking and Questions by Jurors
4. Instructions
5. Jury Notes
6. Polling the Jury
7. Talking to the Jury and Juror Testimony
8. Miscellaneous Jury Issues [Reserved]
Part Two. Fair Trial/Public Access Issues
1. Fair Trial/Free Press Issues
2. Disruptions by the Public
3. Miscellaneous Fair Trial/Public Access Issues [Reserved]
Part Three. Prosecutorial Misconduct Issues
1. Standards of Conduct
2. Common Prosecutorial Misconduct In Opening Statements
3. Government Fails to Disclose or Preserve Evidence
4. Use of Defendant's Post-Arrest Silence
5. Prosecutorial Misconduct in Failing to Correct a Witness's Perjury
6. Improper Questions/Presentation of Evidence
7. Prosecutorial Coercion of Witnesses
8. Improper Closing Argument
9. Miscellaneous Prosecutorial Misconduct Issues [Reserved]
Part Four. Privilege Issues
1. Overview of Privileges
2. Constitutional Privilege Against Self-Incrimination
3. Attorney-Client Privilege
4. Work Product Doctrine
5. Informant's Privilege
6. Marital Privilege
7. Other Evidentiary Privileges
8. Miscellaneous Privilege Issues [Reserved]
Part Five. Hearsay/Confrontation Issues
1. Rule 801(d)(2)(D)—Admissions of Counsel
2. Rule 801(d)(2)(E)—Limiting Co-Conspirator Statements
3. Refreshing Memory and Past Recollection Recorded
4. Preventing the Prosecutor from Sneaking Inadmissible 803(8) Evidence Through the 803(6) Back Door
5. Statements Against Penal Interest
6. Residual/Catchall Exception to the Hearsay Rule
7. Hearsay/Confrontation Clause Issues
8. Bruton Issues
9. Denial of Sixth Amendment Right to Cross-Examination
10. Physical Confrontation Issues
11. Miscellaneous Hearsay/Confrontation Issues [Reserved]
Part Six. Specific Evidentiary Issues
1. Rule 106--Completing Your Case Without Getting Hurt
2. Excluding Irrelevant "Course of Investigation" Evidence
3. Rule 403
4. Rule 404(a)--Limiting the Prosecution's Use
5. Rule 404(b)--Limiting the Prosecution's Use and Encouraging Aggressive Defense Use
6. Using and Attacking Habit and Routine Practice Evidence
7. Rule 410--Limiting use of Statements Made During the Plea Process
8. Sexual Assault/Abuse Evidence
9. Summaries
10. Visual Aids and Demonstrations
11. Admissibility of Faxes, E-mails, and Other Internet Documents
Part Seven Witness Issues
1. Defendant's Right to Call and to Preclude Witnesses
2. Getting Witnesses to Court
3. Getting Documents To Court
4. Remedies if Witness Fails to Appear
5. Recalcitrant Witnesses
6. Competency of Witnesses
7. The Rule on Witnesses
8. Interpretation/Interpreter Issues
9. The Jencks Act
10. Experts and Expert Issues
11. Impeachment
12. Miscellaneous Witness Issues [Reserved]
Part Eight. Judge Issues
1. Judicial Disability and Abuse of Discretion
2. Improper Judicial Comments During Trial
3. Judicial Questioning of Witnesses
4. Judicial Communications with Jurors
5. Judicial Bias
6. Miscellaneous Judge Issues [Reserved]
Part Nine. Defense Attorney Misconduct/Ethical Issues
1. Ethical Issues for Defense Attorneys
2. Contempt Proceedings
3. Representation of Multiple Defendants
4. Joint Defense Agreements
5. Miscellaneous Defense Attorney Issues [Reserved]
Part Ten. Client Issues
1. Absence of Client
2. Disruptive Client Behavior in Courtroom
3. Incompetency of Client
4. Client Perjury
5. Conflicts Between Counsel and Client
6. Interference with Attorney-Client Relationship
7. Prosecutorial use of Immunized Testimony
8. Miscellaneous Client Issues [Reserved]
Part Eleven. Motions Issues

Preserving Pretrial Motions
Mistrials
Motion for Judgment of Acquittal
Miscellaneous Motions Issues [Reserved]

Part Twelve. Miscellaneous Issues
1. ConstructiveAmendments and Variances
2. Bail Arguments Pending Sentencing and Appeal in Cases Involving Violence and Serious Drug Crimes
3. Interest and Penalties on Fines
4. Other Miscellaneous Issues [Reserved]
Table of Cases
Index

Filing and Shelving Instructions

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Everytrial Criminal Defense Resource Book

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Summary Of Contents

Filing and Shelving Instructions

Replacement Pages

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