These are the current blogs of the Trial Dog.
Predicate Questions are Necessary for the Admission of Evidence
A predicate question is necessary to make evidence admissible. The predicate is a set of questions that is asked of a witness on the stand. In general terms, the witness must be able to appropriately and sufficiently answer certain questions to make the evidence admissible. Basically, the witness must testify under oath and…
“Injustice” Usually Starts with the Selection of the Wrong Defense Attorney
“It is not fair. I had no idea that the system was not fair.” Over the past 20-plus years or so, many family members of potential clients have made statements like the above as I counsel them about their options moving forward with an appeal or post-conviction. These individuals are usually distraught over what happened…
(C) is for Second Chance?
In limited circumstances, a defendant may move within 60 days of being sentenced or 60 days of the mandate on the direct appeal to have the sentencing court review the sentence and possibly modify or reduce the sentence.