This is how you cross-examine the arresting officer in a DUI case (video)
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Date: December 18th, 2024 4:32 PM Author: Goldburg Zack attack
He's got a good outline.
Some parts of the editing commentary. I disagree with. For example, the judge wasn't laughing about the officer's bullshit about the gum -- the judge was laughing because he felt it was time for the defense lawyer to move on to more substantive attacks.
(http://www.autoadmit.com/thread.php?thread_id=5651252&forum_id=2Elisa#48462685) |
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Date: December 18th, 2024 5:44 PM Author: Goldburg Zack attack
As I'm watching the defense atty in the second link you put up, it looks like there were a couple of newly licensed attys who were participating but had to practice under supervision?
So was the extended cross even after the confirmation of a lack of probable cause -- and the judge's patience with the extended cross that continued beyond that admission -- primarily because there were two brand new noob attys in the courtroom and judge recognized there was some schooling of them (and the noob officer) on cross examination going on?
Also it would have been interesting to see what the jury actually did with the case -- i.e. how effective was the cross to the jury. But the case was struck before the jury deliberated.
(http://www.autoadmit.com/thread.php?thread_id=5651252&forum_id=2Elisa#48462978) |
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Date: December 18th, 2024 5:55 PM Author: Goldburg Zack attack
As to first point, why not just stop the balance of the cross and make the motion to suppress as soon as cop admitted no probable cause? Efficiency is the name of the game at that point.
As to your second point, yes of course -- but the question I am asking is on a slightly different vector -- why did the Court permit the continuing cross in light of the surely anticipated motion to suppress/ dismiss that became viable after the cop's admission? Once a case is dead, most judges will just remind the attys that time is money and they need to do the needful -- i.e. defense stop your cross and just make the motion. (Also, why continue the cross once you've got the goods on the probable cause business and risk something coming out of officer's mouth that screws up his admission of no probable cause?)
I think defense counsel was permitted the lengthy and argumentative cross because there were two noobs in the courtroom and it was beneficial to the training of the new attys to see a full on cross, even if basically mooted halfway thru for all intents and purposes.
(http://www.autoadmit.com/thread.php?thread_id=5651252&forum_id=2Elisa#48463020) |
Date: December 18th, 2024 4:45 PM
Author: ...,,..;...,,..,..,...,,,;..,
watched a little of this, and it seems like the judge is giving him tons of leeway to be really argumentative. almost sounds like hes making closing arguments, almost like the "are you lying now or were you lying then" type of shit. barely any objections from the da. wtf im surpised he has so much leeway
(http://www.autoadmit.com/thread.php?thread_id=5651252&forum_id=2Elisa#48462749) |
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Date: December 18th, 2024 4:59 PM
Author: ...,,..;...,,..,..,...,,,;..,
on direct, you want your witnesses talking, not your lawyer
(http://www.autoadmit.com/thread.php?thread_id=5651252&forum_id=2Elisa#48462795) |
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Date: December 18th, 2024 9:47 PM
Author: ...,,..;...,,..,..,...,,,;..,
i thought "are you lying now or were you lying then" type of shit is only for tv. that's clearly making a closing argument to the jury. but if the judge lets you get away with it, so be it
(http://www.autoadmit.com/thread.php?thread_id=5651252&forum_id=2Elisa#48463661) |
Date: December 18th, 2024 5:25 PM Author: the place where there is no darkness
I watched 5 minutes. This is taking too long.
All of the jurors are unconscious.
(http://www.autoadmit.com/thread.php?thread_id=5651252&forum_id=2Elisa#48462908) |
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Date: December 22nd, 2024 8:56 PM
Author: ;..........,,,...,,.;.,,...,,,;.;.
cq. he sucks too.
(http://www.autoadmit.com/thread.php?thread_id=5651252&forum_id=2Elisa#48476883) |
Date: December 19th, 2024 1:38 PM Author: ActualLawyer (AllOutOfPaper)
This is average at best and standard for a competent DUI lawyer.
When you don't have the law or facts you pound semantics like lil bit vs. a few.
(http://www.autoadmit.com/thread.php?thread_id=5651252&forum_id=2Elisa#48465845) |
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