-
Making “Good” on “Breaking Bad”
Well one of my favorite shows is no longer around. The final episode of “Breaking Bad” aired last night. The show delivered the goods and brought the saga of Walter White to its tragic and fitting conclusion. What more could someone want out of great story-telling than a journey that showed that “ends” don’t justify the “means” no matter →
-
There is No Shame in Stealing from the Best
You don’t have to reinvent the wheel every time you confront a new or unfamiliar situation. It is important to your progress as an attorney to learn from other’s mistakes and successes. I remember taking my son into a local music store called “B.J.’s Guitar Island” here in Indy, so my son could take guitar →
-
X-Rays: How to Get Them into Evidence.
X-ray are essentially a type of photograph and are admissible if: 1.The x-rays are authenticated, and 2.The x-ray technician’s competence is shown. The sponsoring witness must establish that the x-ray is a “true and accurate representation of the evidence portrayed.” Lewis v. State, 730 N.E.2d 686, 690-691 (Ind. 2000), citing to, Labelle v. State, 550 N.E.2d 752, →
-
Sexual-Assault, Child Molestation and Sex-Offense Cases
Indiana Rule of Evidence 412 provides: Rule 412. Evidence of Past Sexual Conduct (a) In a prosecution for a sex crime, evidence of the past sexual conduct of a victim or witness may not be admitted, except: (1) Evidence of the victim’s or of a witness’s past sexual conduct with the defendant; (2) →
-
Preparing for Mediation- It’s All in the Details
Thorough preparation for a mediation session increases the odds that you will be able to effectively and efficiently move your case towards settlement. Below is a checklist of items to address prior to your mediation: 1. Selection of a Mediator: This task is done in cooperation with the opposing party. If the case involves particularly complex issues and →
-
Motion in Limine: An Effective Pretrial Tool and Weapon (Part 1)
I plan on writing a series of posts dealing with motions in limine and the topics you may wish to cover. A Motion in Limine is a motion made for a protective order against prejudicial questions and statements, which if heard by the finder of fact, would prevent a fair and impartial trial. The focal →
-
Why the Adversary System? Is it the best?
Why the adversary system? Should we be filled pride or skepticism about its use? The adversary system is under appreciated and its value is misunderstood by the public. As a result, it is often held in low regard. When each side is equally represented and heard, it more often than not results in accurate assessments →
-
For the Record: Offers to Prove… Do They Make a Difference?
You appear for your final pretrial conference and after a short discussion or perhaps with no hearing, the Court grants your opponent’s motion in limine and excludes evidence or testimony essential to your client’s case. Now what do you do? Well, your starting point for an answer to this dilemma is Rule 103 of the Federal →
/
Tumblr
/
The Barrister's Toolbox 