Publisher Description

Learn how to represent the "unrepresentable" by respecting your client, using your fear to your advantage, telling the jury the truth about the weaknesses of your case, and building trust relationships with jury members that enable them to advocate for your client during deliberations.Robert Rose will teach you how to become a warrior and win more of your trials than you ever thought possible. Discover how to take charge of the courtroom by standing up for your clients and telling their story in a new and compelling way.

Author Biography

Robert R. Rose, III is the founder of Robert R. Rose, III, P.C., in Cheyenne, WY.

Table of Contents

Preface xvAcknowledgments xviiIntroduction xxiWhy We Do What We Do xxi1 Introduction and Overview 1A. Dealing with Fear 6B. Always Tell the Truth 8C. Integrity 112 Getting Started 19A. Getting Familiar with Your Case 19B. Private Attorneys and the Fee Agreement 21C. Public Defenders 23D. Meeting the Client 24E. Investigation 281. Private Attorneys 302. Public Defenders 303 Arraignment in the Lower Court (Misdemeanors Only) 31A. Initial Appearance (Felony) 32B. Preparing the Client for a Guilty Plea (Misdemeanor) 32C. Re-Arraignment 334 Trial in the Lower Court (Misdemeanors Only) 35A. Bench Trial 35B. Jury Trial 375 Preliminary Hearing 39A. Preparation 42B. Motions 44C. Dismissal of Charges 45D. Should the Defense Present Evidence? 46E. Adjusting Bond 47F. Closed Hearings 48G. Discovery 496 Representation Before the Grand Jury 51A. Initial Appearance in the Lower Court (Felony) 537 Arraignment in District Court 55A. Preparing the Client for a Guilty Plea 56B. The Conditional Guilty Plea 59C. The Non-Resident Client 598 Discovery 61A. From the State 61B. From the Defense 659 Motion for Mental Evaluation 6710 Preparing Your Case for Trial 71A. Generally 71B. The Theory of the Case and the Case Theme 73C. Jury Instructions 76D. Witnesses 771. Deposing Witnesses 772. Expert Witnesses 78E. Evidence 811. DNA Evidence 822. Demonstrative Evidence 84F. Plea Negotiations and Agreements 85G. The Proffer and Proffer Letter 88H. The Pretrial Memorandum 92I. Briefs, Motions, and Deadlines 941. Motions in Limine 972. Rule 404(b) Motions and Motions to Suppress Evidence 97J. Working with the Prosecuting Attorney 99K. Working with the Court 101L. Continuing the Trial 10211 Setting the Stage 105A. Dealing with the Press 106B. Dealing with a Hostile Court 107C. Using Computers and Audio/Video Equipment 10812 Voir Dire 111A. Voir Dire in Federal Court 112B. Overview 112C. The Rules 1161. The First Rule of Voir Dire: Know the Law 116a. Challenges for Cause 1202. The Second Rule of Voir Dire: Know thePhilosophy 121a. Voir Dire and the Defense Attorney 122b. Accepting the Jurors as They Are 122c. How Jurors Feel 128d. Voir Dire Is Theater 128e. Revealing Our Fear 131f. The "Bad News" Juror 133g. The "Good News" Juror 135h. Understanding Jury Dynamics 135i. Juror Profiling 137j. Use of Hypotheticals 138k. Thanking the Jury 1393. The Third Rule of Voir Dire: Know the Technique 139a. Incorporating the Theory of the Case 141b. How to Start 142c. Have a Partner 150d. Don''t Embarrass the Jurors 151e. Let the Jurors "Own" Your Theory of the Case 154f. Breaking the Ice--Going First 155g. Challenging a Juror for Cause 162h. The Miracle of Silence 167i. The Sexual Assault Accuser 170j. Flexibility 173k. Know When to Shut Up 180l. Going "Off Road" 181m. Individually Sequestered Voir Dire 181n. Final Thoughts 18113 Opening Statement 183A. Use of "First Person" 18814 Cross-Examination 189A. Introduction 1891. Limitations on Lay Witness Testimony 1902. Opinions Regarding Truthfulness of a Witnessor Guilt of the Defendant 1903. Limitations on Expert Witness Testimony 191B. Generally 191C. The Rules 1951. Rule No. 1: You Become the Witness 1952. Rule No. 2: Leading Questions Only 1963. Rule No. 3: Short + Statements = Control 197D. Primacy and Recency 200E. The Big Question 201F. Know When to Shut Up 202G. Know When Not to Be Aggressive 203H. When a Witness "Runs" 204I. Police Officers 206J. Expert Witnesses 212K. Being Held in Contempt 21415 Impeachment 217A. Use of Inconsistent Statements 2181. Introduction 2182. Relevant Federal Rules of Evidence 2183. How to Use This Method 2194. What Is an "Inconsistent Statement"? 2195. The General Rules of Impeachment with an Inconsistent Statement 221B. Contradictions--Contrary Evidence 2301. Introduction 2302. Relevant Federal Rules of Evidence 2313. How to Use This Method 231C. Motivation 2351. Introduction 2352. Relevant Federal Rules of Evidence 2353. How to Use This Method 2364. The Deal 2375. The Arresting Officer/The Lead Investigator 240D. Truthfulness 2441. Introduction 2442. Relevant Federal Rules of Evidence 2443. How to Use This Method 245E. Convictions 2471. Introduction 2472. Relevant Federal Rules of Evidence 2483. How to Use This Method 248F. What the Witness Could Have Donebut Did Not Do 2511. Introduction 2512. Relevant Federal Rules of Evidence 2523. How to Use This Method 252G. Capacity 2561. Introduction 2562. Relevant Federal Rules of Evidence 2563. How to Use This Method 2564. Other Opportunities to Impeach 257H. Prior Bad Acts--404(b) 2581. Introduction 2582. Relevant Federal Rules of Evidence 2593. How to Use This Method 260I. Habit 2611. Introduction 2612. Relevant Federal Rules of Evidence 261J. Writing Used to Refresh Memory 2611. Introduction 2612. Relevant Federal Rules of Evidence 2623. How to Use This Method 262K. Admissions 2641. Introduction 2642. Relevant Federal Rules of Evidence 2643. How to Use This Method 2644. F.R.E. 801(d)(2)(E) and the Admissibility of Co-Conspirator Statements 265L. The Hearsay Declarant 2671. Introduction 2672. Relevant Federal Rules of Evidence 2683. How to Use This Method 268M. Character Witnesses 2701. Introduction 2702. Relevant Federal Rules of Evidence 2723. How to Use This Method 2724. The Problem with Character Evidence forthe Defendant 2745. Teaching Points 278a. Question No. 1--The PriorShaking Incident 278b. Question No. 2--The AnimalControl Report 279N. Victims of Sexual Assault 2791. Introduction 2792. Relevant Federal Rules of Evidence 2803. How to Use This Method 283O. Experts--Qualifications and Curriculum Vitae 2831. Introduction 2832. Relevant Federal Rules of Evidence 2843. How to Use This Method 284P. Experts--Learned Treatises 2861. Introduction 2862. Relevant Federal Rules of Evidence 2873. How to Use This Method 28716 Putting on the Defense Case 289A. Motion for Judgment of Acquittal 289B. Direct Examination of Your Witnesses 290C. Direct Examination of Your Expert 293D. Direct Examination of Your Client 295E. Preparing Your Witnesses for Cross-Examination 298F. Resting Your Case 301G. The State''s Rebuttal Evidence 301H. Objections 3021. Forms of Objections 3042. Offer of Proof 30617 The Home Stretch 307A. Jury Instruction Conference 307B. Closing Argument 308C. Jury Nullification 311D. Jury Questions during Deliberations 311E. Ex-Parte Communication Between Jurorsand the Court 312F. The Verdict 314G. Mistrial 316H. Adjusting Bond 31818 Preparing for Sentencing 31919 Postconviction Motions 32120 Appeal 323A. Everything Is on the Record 324B. Stand Your Ground 325C. Setting Up the Appeal 325D. "The Big Five" 326E. Standards of Review 3271. De Novo 3272. Sufficiency of the Evidence 3283. Abuse of Discretion 3284. Harmless Error 3285. Plain Error 3286. Ineffective Assistance of Counsel 3297. Prosecutorial Misconduct 33021 Parting Thoughts 331Index 333

Long Description

As a criminal defense trial lawyer, and especially a public defender, your task is enormous. You represent people who are in many ways "unrepresentable." The jury doesn't like them and doesn't understand why you represent them. As such, your clients do not need a lawyer, they need a warrior. More than that, they need someone who believes in them as human beings with value. Failure is not an option.By reading this manual, you have chosen not to fail. By choosing not to fail, you are seeing yourself as a trial lawyer. This is a practical, hands-on trial practice manual that explains in step-by-step detail how to represent a person charged with a crime, from initial receipt of the case and client interview through post-trial. This book will make you a true warrior for your client. By following the methods set forth in this book, you may not always win, but you will never fail.

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