Trial Skills

Midland, Texas, prosecutor's office investigator told jury a reliable source told him that someone named Cali was selling drugs from a hotel and other law enforcement agents told him Cali was the defendant. Defendant: hearsay! Prosecutor: testimony is admissible to give jury context. Fifth Circuit: Not admissible. Introducing testimonial hearsay of non-testifying witnesses violates the Confrontation Clause. And since we've had to say this a lot as of late, "we are concerned that the government has repeatedly failed to take the lesson."

After being struck in the head with a metal handlebar, called the n-word, and having his life threatened by four white men in Lewiston, Me., Black man retrieves a gun from his home nearby, returns to the scene, and fires a shot into a dirt pile. At trial, the prosecutor peremptorily struck the only person of color from the jury pool. Man: this is discrimination and violates Batson v. Kentucky. Trial court: "I can't make any findings." Man is convicted and sentenced to three years in prison.

Two Richmond, Va. police approached a man walking on the street whom they believe match the description of a suspect. Cops: "Yo! Let me talk to you real quick" and motioned man to come over. Man: "Nah" and kept walking. Cop: Yo! Hey! And continued towards man. Man: about to take off running but immediately trips and fall. Cops tackle and arrest man, then searched the bag the man had on him, which contained a gun and box of ammunition. Man: firearm and un-Mirandized statements made after gun found should be suppressed. District court: no, cops had reasonable suspicion.

For nearly 90 minutes on Tuesday, the high court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for unlawful distribution of controlled substances (view coverage).

Sufficiency-of-the-evidence challenges to a criminal conviction are notoriously difficult to win. California man and alleged gang member charged with drug conspiracy. Man: I left gang and bought drugs for my use. Contacts with gang is for friendship purpose. Jury: we believe defense and prosecution. Acquits on some distribution charges; convicts on drug distribution conspiracy and gun charges. Man appeals.

The Supreme Court on Thursday in Hemphill v. New York sided with a criminal defendant who said his Sixth Amendment rights were violated at a trial during which he was convicted of murder.

The issue is whether Hemphill “opened the door” at his trial to the use of evidence that would normally be barred by the Sixth Amendment's Confrontation Clause (view previous coverage).

The Supreme Court will hear argument on Tuesday in an important case on the rights of criminal defendants under the Sixth Amendment’s confrontation clause. Specifically, the court will determine in Hemphill v.

The Supreme Court granted cert in Hemphill v. New York on Monday. Rules of evidence protect criminal defendants from the introduction of certain prejudicial types of evidence in the prosecution’s case-in-chief, such as evidence of a defendant’s violent character.