AGGRESSIVE CRIMINAL TRIAL ADVOCACY |
INVESTIGATION AND TRIAL PREPARATION |
by David P. Baugh |
|
Preface |
Attitude - The Key to Successful Defense Advocacy |
The Tactics and Tools of Aggressive Pre-Trial Practice |
1. INITIAL INTERVIEW |
Rule Number One |
Rule Number Two |
Setting the Fee |
2. INVESTIGATION AND ANALYSIS |
Basic Case Preparation - Early Motions |
Rule 7C:5 Sample Motion |
Demand for 6th Amendment Notice of Particulars |
Sample Request for 6th Amendment Notice |
3. GATHERING EVIDENCE |
Rule Number Three |
SUBPOENA DUCES TECUM |
FREEDOM OF INFORMATION ACT |
Sample FOIA Request |
Brady Motions |
4. ANALYSIS AND CASE HYPOTHESIS |
5. PRELIMINARY HEARING |
Rule Number Four |
Rule Number Five |
Rule Number Six |
Rule Number Seven |
Rule Number Eight |
Purposes of Preliminary Hearings for Defense |
Errors in Preliminary Hearings |
Note to Prosecutors Concerning Preliminary Hearings |
Rule Number Nine |
6. PRETRIAL MOTIONS |
Discovery |
7. MOTION TO SUPPRESS |
8. COLLATERAL ESTOPPEL |
9. TRIAL BY JUDGE OR JURY? |
First Rule and Rule Number Ten |
10. ORGANIZING THE CASE FOR TRIAL |
11. YOUR CLIENT |
12. VOIR DIRE |
Race |
Pretrial Publicity |
Recommended Voir Dire Question for Defense |
Recommended Voir Dire Questions for Prosecutor |
13. DEFENDANT TESTIFING? |
Rule Number Eleven |
14. CROSS-EXAMINATION |
15. CLOSING ARGUMENT |