My first instinct was to shrug the call off, to regard it as unnecessary alarmism. But the caller was a lawyer I respect, and would turn to in a heartbeat if a family member were injured. I told him I would mull the matter overnight and then get back to him.
Were the pictures in his possession child pornography? Dare he send them to his adversary in a dog bite case?
A young girl, about 12 years old, was mauled by a pit bull. The dog tore at her breast and left garish scars on her buttocks. The caller had photographs of the fresh injuries. He wanted to use them as part of...
August 20, 2015
I’ve heard lawyers say that trials are won or lost during jury selection. To that end, the well-heeled spend tens of thousands of dollars on jury consultants, whose role it is to pick just the right person to sit in judgment over a case.
They are wasting their money.
I can teach you all you need to know about jury selection in one word: bounce.
Consider your reaction to walking into a room full of strangers. In a matter of moments, you will find yourself speaking to one person, or group of people. How did you select that group or person? Bounce.
Bounce is nothing...
August 20, 2015
I doubt there was much celebrating on Connecticut’s death row today, where 11 condemned men sat, some for decades, awaiting execution. Not one of them will ever be free again. The quick release of a relatively painless death by lethal ejection will be denied them. Now, they await the fate common to us all — nature’s unrelenting running of her course.
By a vote of 4-3, the Connecticut Supreme Court declared the death penalty cruel and unusual under the state constitution. The decision is final. There is no higher court that can reverse this judgment. When it comes to...
August 13, 2015
A good friend called the other day. I was unable to take her case due to a conflict. Who would I call if I needed help? she asked.
That is a tough question. The state is awash in lawyers, and a new crop is released on the public every year. Who would I choose?
Of course, the vast majority of individuals charged with crimes have no choice. Courthouse gossip holds that almost 87 percent of those accused of a crime are now represented either by public defenders or by private lawyers working under state contract as special public defenders.
From where I sit, in the trenches,...
August 13, 2015
August 11, 2015
The numbers are hard to believe, even if the source of them, The Washington Post, is highly credible. As of August 10, 2015, 598 people...
August 9, 2015
There is a school of thought that holds there is no such thing as bad publicity for trial lawyers. Thus all manner of lawyers blog,...
August 5, 2015
Law students are taught that there are four factors a judge should consider when a criminal defendant is sentenced: specific deterrence, general...
July 29, 2015
The other day, I shared a podium with state Senator Gary Winfield-Holder and several others at the Courtland-Wilson Library in New Haven. The topic...
July 22, 2015
I’m tempted to think that Harper Lee kept her silence all these years because she knew a deeper truth: Atticus Finch was a racist before he was...
June 25, 2015
Only once have I had to take the witness stand to plead the Fifth Amendment privilege against self-incrimination, and that was after I felt compelled...