Courtroom Trial Practice

Plea Bargaining Pros and Cons – 3 Arguments Against Plea Bargaining

The 2nd video in our series on plea bargaining pros and cons. This video explains arguments against plea bargaining. In this video on plea bargaining pros and cons, Stephen Gustitis answers the question about three arguments against deciding to plea bargain your criminal case. Further, the plea bargaining process is explained and the plea bargaining [...]

By |2022-05-11T21:51:06+00:00October 8th, 2018|Courtroom Trial Practice|Comments Off on Plea Bargaining Pros and Cons – 3 Arguments Against Plea Bargaining

“Getting Creative – Use Kelly v. State to Challenge Any Scientific Evidence”

In a contested bond revocation hearing, not long ago, the State attempted to admit evidence our client violated a restricted zone using global positioning system (GPS) evidence. They further sought to admit evidence from a Secure Continuous Remote Alcohol Monitoring (SCRAM) device that she inappropriately consumed alcohol while on bond. On the day of the hearing [...]

By |2022-05-11T21:51:08+00:00January 5th, 2016|"Off The Back", Courtroom Trial Practice, Forensic Evidence|Comments Off on “Getting Creative – Use Kelly v. State to Challenge Any Scientific Evidence”

“Another Nuts-and-Bolts Primer on Batson Challenges”

Batson v. Kentucky is again front and center in the United States Supreme Court. On May 26, 2015 the Court granted certiorari in Foster v. Chatman, (No. 14-8349, 2015 Term). The case is currently set for argument on November 2, 2015. In Foster, Georgia prosecutors struck all four African-American prospective jurors from the death penalty [...]

By |2022-05-11T21:51:09+00:00October 11th, 2015|"Off The Back", Constitutional Rights, Courtroom Trial Practice|Comments Off on “Another Nuts-and-Bolts Primer on Batson Challenges”

“Getting Jurors to Tell Us the Truth”

The United States Constitution guarantees our right to a jury trial in both the original document and the Bill of Rights.1 The same right is further guaranteed by our Texas Constitution, art. 1, sec. 15. But more precisely, each constitution guarantees the criminally accused a right to a jury that is fair and impartial. To this [...]

By |2022-05-11T21:51:09+00:00July 10th, 2015|"Off The Back", Courtroom Trial Practice|Comments Off on “Getting Jurors to Tell Us the Truth”

“The Perfect Cross-Examination”

The perfect cross examination is there. Somewhere to be discovered, perhaps? Better yet - waiting to be built. We recognize its appearance, though. It is crisp and it's clean. Short questions compelling but one-word answers from the witness. Its logic is simple, yet compelling. The perfect cross demands the jury's attention. Through it we demonstrate [...]

By |2022-05-11T21:51:09+00:00April 12th, 2015|"Off The Back", Courtroom Trial Practice|Comments Off on “The Perfect Cross-Examination”

“Quick-and-Dirty Phlebotomy Basics”

The DWI blood test case is becoming the stock-in-trade of many law enforcement agencies across the state. Whether it's a sample provided voluntarily after arrest, or obtained via search warrant following a refusal, defending blood tests are now commonplace for the DWI defense attorney. Making preparation more demanding is the technical nature of these cases. [...]

By |2022-05-11T21:51:09+00:00December 5th, 2014|"Off The Back", Bryan College Station DWI, Courtroom Trial Practice|Comments Off on “Quick-and-Dirty Phlebotomy Basics”

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