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"Case Management" is viewed differently by each of
the primary participants in the Criminal Justice System
Understanding
the Universe of the “Case” to be Managed
Universe of Representation
Models
of Representation
Team Concept
The Goal of Dispositional Fairness
Concept
Moving the Dispositional Decision to the Earliest Possible Stage
Client Must be Prepared for
Window of Opportunity
Each of the Triers of Fact
The Importance of Time
Using Early Litigation
Utilization of Time
Importance of Evidence
As Element of Time Goals
For Client Relationship
For the Record
To Sell Mitigation
To Emphasize Cost
Individualizing Systemic Issues
Importance of Personal Involvement
Management
Enhancers
Personal Contacts
Oral Communications
Outside Court
In Court
Communication Techniques
Telling the “they-lived-happily-ever-after” story
Talking about Specifics to
Communicate Larger Picture
Primacy and Recency
REVO, i.e.,
Relating Back, the Setup, a Continuum
Enhancing Client Knowledge Base to Include Reality
Technology
-- The Application
Dealing with Documents, i.e.
Getting Organized to Rescue Time for the Real Necessities
File and Document Numbering System ― Example a70317
is a March 17, 2007 Document
Effectively Using Windows File
Folders
―
Contacts 
Letters 
Legal Research 
Timeline 
Inserting Hyperlinks and Bookmarks in Documents
Bates Numbering of Documents
Sharing Word Documents -
Removing
“Hidden Data”
Paragraph Heading to Summarize Content
Paragraph Numbering System
See the Index
that follows for a numbering system example and Index example
|
Example of the Summary Type of
Index |
|
INDEX |
| Preface |
1. Factual Analysis
1.1 Summary of Facts
1.2 The [CLIENT]'s Case
1.3 [CLIENT'S COUNSEL] Began Representing [CLIENT]
1.4 [CLIENT'S COUNSEL] Filed A Motion To Withdraw
1.5 After the Hearing on the Plea Withdrawal, the Court Began A
Secreted, Ex Parte Investigation
1.6 [CLIENT'S COUNSEL] Next Appeared Before the Court With
[CLIENT], Expecting a a Ruling On His Motion
1.7 [CLIENT'S COUNSEL] Was Held In Contempt
1.8 [CLIENT'S COUNSEL] Had No Opportunity For A Hearing On
His Contempt and Was Not Afforded and the Contempt Finding
Was Otherwise Devoid of Protections Afforded by the Local
Rules, the State Statutes and both the State and Federal
Constitutions
2. The Legal Issues
2.1 Sources of Applicable Legal Standards in General in Contempt
Adjudications
2.1.1 Overview of these General Legal Standards
2.1.2 The Local Rule Controlling Contempt Adjudications
2.2 Contempt Adjudication Issues Relevant to this Case
2.2.1 The Indirect, Direct and Summary Contempt Issue
2.2.1.1 Rule of Practice 13.01
2.2.1.2 Illinois Law
2.2.1.3 The U. S. Constitution
2.2.1.4 The Prosecution Should Admit or Deny the Following
2.2.2 The Absence of Notice Issue
2.2.2.1 Rule of Practice 13.00
2.2.2.2 Illinois Law
2.2.2.3 The U. S. Constitution
2.2.2.4 The Prosecution Should Admit or Deny
2.2.3 The Hearing Issue
2.2.3.1 Rule of Practice 13.01
2.2.3.2 Illinois Law
2.2.3.3 The U. S. Constitution
2.2.4 The Issue of a Jury Trial
2.2.4.1 Rule of Practice
2.2.4.2 The U. S. Constitution
2.2.4.3 The Prosecution Should Admit or Deny.
2.2.5 The Excessive, Unjustified and Unauthorized Punishment
Issue
2.2.6 The Selective Prosecution, Yick Wo v. Hopkins, Issue
2.2.7 A Constitutional, Statutory and Commonsensical Analysis of
the
Alleged Contemptuous Act.
2.2.8 The Independent Adjudicator and Judicial Misconduct Issue
2.2.8.1 The Ex Parte Hearing Reason for Another Judge
2.2.8.2 The Bias or Prejudice Reason for Another Judge
2.2.8.3 The Rule of Practice 13.01(c)(4) Reason for Another Judge
2.2.9 The Prosecutorial Misconduct Issue
2.3 The Duty and Obligation to Disclosure
2.3.1 The Constitutional Duty to Disclose
2.3.2 Statutory Duty to Disclose
2.3.3 Ethical and Expediency Reasons to Disclose
2.4 The Timely Need for and Use of the Disclosure Materials
2.4.1 Pre-briefing Disclosure Is Necessary
2.4.2 The Disclosure Material Could Be Used For
Impeachment
2.4.3 The Required Scope of Disclosure
2.4.3.1 Definitions and Directions
2.4.3.2 The Following Persons Have Information And
Therefore Are Covered By This Disclosure
Request
2.4.3.3 The Information that is Needed to be Disclosed
2.4.3.3.1 Materiality of Disclosure Demand
2.4.3.3.2 Disclosure Demand Relating to Possible Misconduct
2.4.3.4 The Method to be Used in Obtaining Disclosure from
Judge [Circuit Judge]
3. Conclusion
Prayer for Relief
ATTACHMENTS [Note: All Attachments are omitted from this
Example]
Attachment 1 [Client's Counsel]`s Motion [filed
earlier]
Attachment 2 Report of Dr. [________]
Attachment 3 Transcript of Guilty Plea
Attachment 4 Copy of Sentencing Transcript
Attachment 5 The following documents
• Notice of Appearance;
• Notice of Filing;
• Motion to Withdraw Notice of
Appeal In Order To Hear[CLIENT]'s Fitness Petition;
• Motion to Stay Mittimus
Pending Disposition of [CLIENT]'s Fitness Petition;
• Affidavit of [CLIENT's
mother];
• Motion for Fitness Hearing;
• Notice of Motion;
• Order Staying the Mittimus;
• Notice of Mittimus;
• Affidavit of ____________;
• Motion to Attach Affidavit of
__________ to Motion to Withdraw Guilty Plea;
• Memorandum of ____________;
• Affidavit of ____________;
• Notice of Motion;
• Motion to Withdraw Plea of
Guilty; and,
• Certificate of
___________.
Content Checklist for Documents
Preface
Introduction to the
Issues
About the
Client
Headlines Short
Paragraphs
Include Dragnet Treatment
Use Concentric Circle Concept
Include
Photos
SnagIt 8
Sources
Ninth Circuit Capital Punishment
Handbook
Electronic Access to Court Records (Trend)
PACER (Federal Courts)
LexisNexis CourtLink
Lexis One (Free, All Jurisdictions, for last 5 years)
Google Earth
Helpful Web Services
Answers free online dictionary, etc.
GoToMyPC a free trial is available.
MyDocsOnline is for web based document sharing.
Reasonably Priced Internet Hosts
Lunar Globat
TRK Hosting
VoIP
Vonage
Skype
Helpful Newsletters about Computer
Issues
Windows Secrets newsletter (free)
WOODY's OFFICE WATCH (free)
Karen (Free tools plus newsletter by best computer writer)
Scot's Newsletter
Computer Equipment How to save on quality equipment
Froogle
Pricewatch
CNET Shopper
Scanners
Xerox DocuMate 272,
Xerox DocuMate 632
OCR Software
OmniPage ( Pro 15)
Adobe Acrobat Pro 8
Selling Cotton Candy Under the Big Top
Supreme Court
Petitions and
Briefs
Supreme Court Practice
Certiorari
Writing the
Strategic Subpoena
Strategic Subpoenas
Without presenting evidence, there can
be no Action MotionsY2K9. The strategic subpoena is one of the
ignition systems necessary for Action Motions Y2K9. Catchy titles for
motions, innovative subject matter for motions and even favorable
publicity cannot assure the proper ignition for Action Motions Y2K9.
The strategic subpoena begins to tell
the story and accomplish the goals. An important element of the
strategic subpoena is the production of documents portion of the
subpoena.
An example of a request for documents is
the following request used in a post-conviction hearing.
ITEMIZED ITEMS SUBPOENAED
1. All documents relating to the televised CNN Presents segment,
“Amazing Grace.” This segment was recorded, in part, in the residence
of xxxx on or about February 28, 1994 and was first broadcast on April
9, 1995.
2. All documents relating to Court TV's involvement in the trial of
xxxx. These include interviews and segments in which you appeared or
were depicted between April 7, 1993 and the present.
3. All documents relating to the WSB-TV newscast which showed you
strutting (walking in an animated manner with exaggerated movements of
upper and lower extremities) down the hall of the Fulton County
Courthouse very soon after the verdict in the trial of xxxx.
4. All documents relating to other TV broadcasts, between April 7,
1993 and the present, in which you appeared or were depicted.
5. All documents in which you appeared and/or were recorded and/or
were depicted or described relating to or appearing in radio
broadcasts and/or audio recordings, between April 7, 1993 and the
present.
6. All documents in which you appeared or were depicted relating to
or appearing in newsprint or other print media, between April 7, 1993
and the present.
7. All documents relating to legal seminars or oral presentations,
between April 7, 1993 and the present, in which you participated or
presented information.
8. All documents concerning any communications between you and xx or
concerning xx, including, but not limited to, any interactions between
you and xx between April 7, 1993 and the present.
9. All documents concerning any communications between you and xx or
concerning xx, including, but not limited to, any interactions between
you and xx between April 7, 1993 and the present.
10. All documents concerning any communications between you and xx or
concerning xx, including, but not limited to, any interactions between
you and xx between April 7, 1993 and the present.
11. All documents concerning personal funds supplied by you to assist
in the investigation and/or prosecution of xxxx.
12. All documents concerning funds and/or services provided by other
than governmental entities for the prosecution and/or investigation of
xxxx or any facts relating to the fire at the residence of xxxx.
13. All documents received by you from the Georgia Bureau of
Investigation or other law enforcement agencies relating to the case
of State of Georgia v. xxxx.
14. All documents concerning information relating to the date of any
test for accelerants in the residence of xxxx and the date of receipt
by the office of the District Attorney of Fulton County of the report
for any tests relating to these accelerants.
15. All documents concerning any compensation, reward or benefit
which was provided any persons testifying at the trial of xxxx.
16. All documents concerning any compensation, reward or benefit
provided to any person related to the case of State of Georgia v. xxxx.
17. All documents concerning the supposed “beatings” Ms. xxxx
received at the hands of Mr. xxxx.
18. All documents concerning other cases on which you worked between
the night of April 7, 1993 and the day of closing arguments in the
case of State of Georgia v. xxxx.
19. Copy of your W-2, W-4 and 1099 forms and federal income tax
returns for the past four years.
20. All documents reflecting gifts, contributions, or donations,
rewards or awards you have received from April 7, 1993 until the
present excepting only gifts from persons related to you by blood or
marriage within the 7th Levitical degree.
21. All documents reflecting gifts, contributions, or donations,
rewards or awards you have made from April 7, 1993 until the present
excepting only gifts given to persons related to you by blood or
marriage within the 7th Levitical degree.
22. All documents reflecting terms of compensation to you by any
entities other than the office of the District Attorney of Fulton
County from April 7, 1993 to the present.
23. All documents relating to any complaints about your conduct as an
attorney or about your conduct as a prosecutor in any case during the
time you have been employed by the office of the District Attorney of
Fulton County.
24. All documents relating to any application you have made seeking
any judicial position during the time you have been employed by the
office of the District Attorney of Fulton County.
25. All documents relating to any application you have made seeking
employment within the last five years, including, but not limited to,
employment at Georgia State University.
26. All documents related to classes you have taught or are currently
teaching at Georgia State University. This includes, but is not
limited to, lesson plans, course materials, and lecture documents.
27. All documents you have written about the case of xxxx that are
not a part of the official record of this case.
28. All documents related to written or oral communication with
persons who testified during the trial of the case of State of Georgia
v. xxxx from April 7, 1993 to the present.
29. All documents related to written or oral communication with
persons about xxxx since April 7, 1993 to the present.
30. All documents that relate to any justification for you
questioning Dr. Joseph Burton about being called “Lying Joe Burton.”
31. All documents relating to any persons entering the residence of
xxxx from April 7, 1993 to the present.
32. All documents depicting any view of the scene of the residence of
xxxx from April 7, 1993 to the present.
33. All documents depicting any view or reflecting any test, test
results, experiment or simulation that in any way relate to the case
of the State of Georgia v. xxxx or the fire at the residence of xxxx,
including, but not limited to, the video made during the presence of
the CNN crew at the residence of xxxxand the test by xx made before
the trial of xxxx of the Neat-Lac burning against a board.
The strategic subpoena is most often
accompanied with the following attachment that demonstrates to the
court the courtesy you are extending to the witness. The following is
an example of this type of attachment.
ATTACHMENT 1 to Subpoena
NOTE: Counsel for xxxx are coordinating the subpoenas and documents
subpoenaed for the hearing in this case scheduled to begin Thursday,
April 11 at 9:00 a.m. through the office of Millard Farmer, P.O. Box
1728, Atlanta, GA 30301, telephone (404) 688-8116; fax: (404)
577-0643. Someone at this office will be available to discuss your
attendance and your production of documents pursuant to this subpoena.
Please inform the person answering the phone that you wish to talk
with someone about your subpoena for this case. There will be someone
available from 9:00 a.m. to 5:00 p.m., Monday through Friday. Persons
who are subpoenaed are requested to call as soon as possible with
scheduling or document production problems. The purpose of these calls
is to arrange for a schedule, not only for attendance, but also a time
to produce the subpoenaed documents. The same documents, in some
instances, have been subpoenaed from more than one witness. It is not
intended that each witness be burdened with production of the
documents or items subpoenaed if there can be an agreement as to the
person who will supply the document or item subpoenaed. Persons who
wish to be on call for attendance may make this request and everything
possible will be done to accommodate both personal and professional
obligations and schedules. Please note the time and date on your
subpoena; not everyone is subpoenaed for the same time and date.
Please call as soon as practical or have your counsel call promptly so
that this hearing can be facilitated without a number of people being
inconvenienced by last day and hour requests for accommodations. It
will be difficult to adjust the scheduled time for your appearance
close to the hearing date. Please call promptly for the convenience of
all involved; however, please understand this requested call is not
required by the court.
The strategic subpoena is accompanied by
a list of descriptions much the same as descriptions used in notices
to produce documents in civil cases. An example of this attachment of
descriptions is as follows.
ATTACHMENT 2 To Subpoena
DEFINITIONS RELATING TO SUBPOENAED ITEMS
The following definitions are an integral part of these requests for
documents and are applicable throughout this request.
"Document", either singular or plural, is defined as any and all
originals, or if not available, true copies of all memorandum,
reports, appraisals, evaluations, correspondence, receipts, payment
vouchers, accounting records and books, communications, interoffice
communications, intra-office memorandum, inter-agency communications,
electronic recordings including computer generated and/or preserved
recordings, video recordings, audio recordings, summaries of
conversations, summaries of memorandum of meetings or conferences,
list of persons attending meetings or conferences, diaries, records or
summaries of interviews, investigation or reports, summaries of
negotiations, agreements, contracts, agency rules, agency policies,
office manuals, invoices, canceled checks, journals, ledgers, file
cards, index cards, indices, deposit slips, data processing cards,
computer or business machine printouts, electronic recordings, work
papers, statements, financial statements whether audited or unaudited,
leases, speeches, information provided to the media, press releases,
advertisements, pamphlets, circulars, professional letters, annual and
other reports, documents filed with government agencies, reports of
experts and research personnel, draft and preliminary copies of any of
the foregoing, marginal comments appearing in any document and all
other writings and data compilations, including any written, printed,
recorded or graphic matter, photographic matter or similar
reproductions, however produced or reproduced or tangible things upon
which words or phrases are affixed.
The effective use of subpoenas in
litigation is a little used skill. The requirement to bring documents
aspect of the subpoena should be written much as the concentric
statements concept in Action Motions Y2K9.
In fact, the subpoena should be a
modified motion. It should command the person being subpoenaed to
bring numerous items with him/her to the Action Motions Y2K9 hearing
to be used as Energized Evidence. |
