Nuts and Bolts Information
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AFD Alison Guernsey & AFD Jeff Dahlberg's case featured in the Inlander
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AFD Rebecca Pennell featured on the front page of the Chicago Tribune
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Repelling the Reptile Trial Strategy as Defense Counsel - Part 2 - 10 Ways to Spot the Reptile in Action
"As I discussed in Part 1 of this series, the “reptile” trial strategy is quickly spreading among plaintiffs counsel." - by Ken Lopez
New Local Criminal Rules Effective March 1, 2015
Click to Download the new rules.
Consider a Flowchart Verdict Form
"That is a small sample of the kinds of confusion one can see when a jury confronts a complex verdict form. In the mock trial observation room, counsel and clients might be tearing their hair out over mistakes that could risk an inconsistent or ambiguous verdict in the actual trial. Lawyers and judges will strive mightily to clarify the verdict form and make sure it has clear skip instructions, but it is easy to see that most verdict forms, particularly special verdict forms in complex trials, sow barriers in the way of a clear or simple verdict. " -By Dr. Ken Broda-Bahm
Mobile Device Search and Seizure in a Post-Riley World
The latest Supreme Court ruling requires training, policy, and technology for the proper handling of mobile device evidence. By Christa Miller, Director of Mobile Forensics Marketing at Cellebrite. Wed 10/01/2014
Download the opinion here.
Updated Federal Rules
of Appellate, Bankruptcy, Civil and Criminal Procedure, and the Federal Rules of Evidence, effective December 1, 2013. Visit the US Courts Page
"Counterpunch: Ten Ways to Fight Back on Cross "
"A good witness should not see cross-examination as an argument, but neither should that witness see it as a time to be agreeable and passive with opposing counsel."
-By Dr. Ken Broda-Bahm
Don't Panic Over Visual "Truthiness"
"A picture can be worth a thousand words. And, it turns out, that picture can also make the words you do use more believable. Researchers point to this as the “truthiness” effect, in homage to comedian Stephen Colbert’s neologism for the feeling of something being true independent of its actual truth value. The current issue of The Jury Expert, features not one, but two new articles focusing on that effect. One is a discussion by a law professor and a cognitive psychologist (Newman & Feigenson, 2013), and the other is a research review by a litigation consultant (Kellermann, 2013). Both articles point to a wide array of evidence demonstrating the tendency for claims to be more credible when they're accompanied by even nonprobative graphics. In other words, put a picture on it, and it becomes more believable, or to use the term that’s now made the dictionary, more truthy. " By Dr. Ken Broda-Bahm
Portray Your Client As a Hero in 17 Easy Storytelling Steps
"Much has been written about the hero's journey as Joseph Campbell described it in his seminal work, The Hero with a Thousand Faces. In this 1949 book, Campbell asserts that storytellers worldwide, in their best stories, have for centuries used a story structure that he calls the monomyth. From Beowulf to Ulysses to Luke Skywalker, the pattern is seen over the ages." Written by Ken Lopez, Founder/CEO A2L Consulting.
These Lives Matter: Collaboration and Success in a Joint Federal Defender-Immigration Case
"The U.S. government’s criminalization of immigrants has marooned thousands of men and women in the quagmire where criminal and immigration laws meet. For this latest post in NIJC’s These Lives Matter series, two members of NIJC’s legal staff and a federal defender in Texas tell the story of how they are working together to help a hardworking father keep his green card." Read he article written by Gabriel Reyes, Assistant Federal Defender, Alpine, Texas.
Second Look Resentencing:
The Human Costs Of The BOP’s Restrictive Implementation Of Compassionate Release
Effective Advocacy by Steve Sady on Compassionate Release. Linked via the Ninth Cir. blog is an effective piece by Steve Sady on the BOP's failure to abide by its compassionate release obligations. There's a video of Steve's client, who died just a week after it was filmed. The video is both an effective piece of advocacy for policy-makers and a reminder of why we need to keep the lines of communication open with our clients even after they are sentenced and in the BOP. Had it not been for the involvement of Steve's office, the client would have died in prison instead of at home, with his family. Visit the Ninth Cir. blog.
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