Tips/Advice on Jury Trial Presentation

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Latest post Wed, Nov 16 2016 8:54 PM by Glen Verner. 24 replies.
  • Thu, Oct 29 2015 2:24 PM In reply to

    Re: Tips/Advice on Jury Trial Presentation

    I can't speak to what did or didn't happen in any other forum, but no one "tackled" you here, and you wrote that "[a]ll feedback . . . is appreciated."

     

    David_394:
    Almost none of my original questions were answered.

    Nonsense.  Regarding your first video, you asked, "Are  there any issues with this?"  Both "JamyeP" and I pointed out issues, thereby answering the question.

    Regarding your second video, you asked, "Is this ever done in court this way? What are your  thoughts on this? Any issues? Also, are there any issues with the  timeline that could cause me trouble?"  I quoted only the first two of these four questions and responded that, subject to one caveat and based on your description of the video only, I thought it was probably a good demonstrative.  I did not address the third and fourth question because I did not feel I could do so adequately without watching the video.  However, the "any issues" question was susceptible of the same responses mentioned regarding your first video, so "JamyeP's" response certainly addressed the question (that you don't feel you needed to have authentication addressed doesn't change that).

    Regarding your third video, you asked, "Any issues with bringing up images in the  manner? Is the text message format acceptable?"  I responded that, "[a]s long as you or whoever took the photos can testify about them, this should be ok," and, again, "JamyeP's" response about authentication was responsive.  FWIW, I didn't understand the question about "text message format," but I assume that was because I didn't watch the video.

    Finally, regarding your fourth video, you asked, "too much? Suggestions? Is the bar graph acceptable?"  I responded that "bar graphs are fine as long as you have admissible evidence of the data that the graph depicts."  I think any further response would require watching the video.

    So...with the possible exception of the "too much?" question, which question(s) do you think didn't get answered?

     

    David_394:
    I would rather have zero replies if no one has trial experience, instead of people choosing something I did not mention

    Between "JamyeP" and me (the only lawyers who have responded in this thread), we have been through dozens, if not hundreds, of trials.  As for "choosing something [you] did not mention," again, you're the one who wrote that "[a]ll feedback . . . is appreciated."  If you didn't mean it, or if you really meant, "all feedback is welcome, but please don't address authentication -- I'm aware that it is needed and have it covered," then you should have been more clear as to what you were seeking.

     

    David_394:
    and assume I am set up for failure because I think I am a hot shot that doesn't need to follow the rules.

    That's absurd.  No one (with the possible exception of "superman1," whose responses I didn't bother reading) assumed anything of the sort.

  • Thu, Oct 29 2015 2:47 PM In reply to

    • David_394
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    Re: Tips/Advice on Jury Trial Presentation

    Taxagent:

     And bear in mind that some or all of the video might end up inadmissible as hearsay, e.g. any statements made by the reporter, any interviews on the video, etc.

    Much agreed, this is an issue on one of 4 videos total. Each video states only facts and are very short except one, with an interview where a woman says "It's horrifying." I feel this may not make the cut.  Though I would love to get it in. I very much thank you for the time your time replying thus far. I do have qustions concerning relevance still. 

     

    As far as relevance, I compare the violations she has had from the state at her daycare to how she manages at home. I try to show images and recordings of her at home, then compare to how she runs things at the school. This is how I think it is relevant. Here are some examples of violations handed down by the state to the daycare, which she owns and is director of. Let me know if you think some of these could be relevant. I believe they are, as they show she does not pay attention to situations where children are at risk. There are zero admissability issues here, atleast because it comes from the state itself. These are "high risk" violations on the state website.

     

    Texas Child Protective Services:

    Director failed to ensure the child-care center's daily operation was in compliance with the minimum standards.

    Texas Child Protective Services:

    Director failed to ensure a caregiver was providing appropriate child care and failed to supervise staff. A caregiver for several days physically abused children in her care by forcefully shoving, pushing and slamming children onto their mats.

     

    Texas Child Protective Services:

    A contracted person without a background check had direct access to children at the time of inspection.

     

    Texas Child Protective Services:

    Documentation not available to show one staff had completed an FBI fingerprint check. Staff in direct care of children at time of inspection.

    Certainly, there must be a way to argue the relevance of these? I am open to ideas and suggestions of any sort. Or,yet if they should all not be included... I am open to that too. Edit : Simply put, I am arguing relevance as she has a history of not meeting care standards of children.
  • Thu, Oct 29 2015 2:54 PM In reply to

    • David_394
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    Re: Tips/Advice on Jury Trial Presentation

    ca19lawyer2:

    That's absurd.  No one (with the possible exception of "superman1," whose responses I didn't bother reading) assumed anything of the sort.

    You are correct. You have both been more helpful than any other forum, and I apologize for not reading into what you have said as helpful rather than someone looking down on me. I am so used to it by now, I expect a hostile attitude towards me. I should relax.

  • Thu, Oct 29 2015 4:53 PM In reply to

    Re: Tips/Advice on Jury Trial Presentation

    David_394:

    The document you questioned me on is a news report with a label specifying the news outlet's name and channel number on the corner of the screen, which was affixed to the video in their normal course of business, indicating origin of the video.

    This is where you get into trouble.  PRINTED material is not a recorded segment from a newscast.  It's recorded material and in order to put even a part of it in, you have to have the unedited version.  Writings and recordings are two different things [Rule 1001].  As to the admissibility, look at 1002 through 1004.

    David_394:
    Rule 107 allows for editing out segments, if needed. (So the jury doesn't have to sit through an hour long recording just to hear one key sentence.)  Provided, the entire copy is available, which leads to your other question..

    You didn't say you had ALL of the recording.  Yes, you can try to edit it or just introduce what was broadcast, but the court gets to rule on the editing and the entire recording must be provided.  Along with objecting to it being introduced at all, the other side has the right to demand that the entire recording be played for the jury.   Further, if it were me on the otherside, I'd object to all the audio as it includes statements by the reporter which aren't relevant.....

    The rules of evidence are not simple.

     

  • Thu, Oct 29 2015 5:45 PM In reply to

    Re: Tips/Advice on Jury Trial Presentation

    ca19lawyer2:
    Between "JamyeP" and me (the only lawyers who have responded in this thread), we have been through dozens, if not hundreds, of trials.

    Not the only two lawyers to have responded in this thread, btw.

  • Thu, Oct 29 2015 5:47 PM In reply to

    Re: Tips/Advice on Jury Trial Presentation

    ca19lawyer2:
    That's absurd.  No one (with the possible exception of "superman1," whose responses I didn't bother reading) assumed anything of the sort.

    seriously?

    If you did not read my responses, then how are you able to comment about me?

     

  • Thu, Oct 29 2015 6:57 PM In reply to

    • David_394
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    Re: Tips/Advice on Jury Trial Presentation

    JamyeP:

    David_394:

    The document you questioned me on is a news report with a label specifying the news outlet's name and channel number on the corner of the screen, which was affixed to the video in their normal course of business, indicating origin of the video.

    This is where you get into trouble.  PRINTED material is not a recorded segment from a newscast.  It's recorded material and in order to put even a part of it in, you have to have the unedited version.  Writings and recordings are two different things [Rule 1001].  As to the admissibility, look at 1002 through 1004.

    David_394:
    Rule 107 allows for editing out segments, if needed. (So the jury doesn't have to sit through an hour long recording just to hear one key sentence.)  Provided, the entire copy is available, which leads to your other question..

    You didn't say you had ALL of the recording.  Yes, you can try to edit it or just introduce what was broadcast, but the court gets to rule on the editing and the entire recording must be provided.  Along with objecting to it being introduced at all, the other side has the right to demand that the entire recording be played for the jury.   Further, if it were me on the otherside, I'd object to all the audio as it includes statements by the reporter which aren't relevant.....

    The rules of evidence are not simple.

     

     

     

    You both have been tremendously helpful. I was upset at first, but realizing now the power of what you are saying.

     

    Thank you.

  • Fri, Oct 30 2015 10:09 AM In reply to

    Re: Tips/Advice on Jury Trial Presentation

    Sorry...I overlooked your earlier response.

  • Fri, Oct 30 2015 10:14 AM In reply to

    Re: Tips/Advice on Jury Trial Presentation

    superman1:

    ca19lawyer2:
    That's absurd.  No one (with the possible exception of "superman1," whose responses I didn't bother reading) assumed anything of the sort.

    seriously?

    If you did not read my responses, then how are you able to comment about me?

    Yes, seriously.

    Obviously, I'm able to comment because I have the ability to type and computer linked to the Internet.  Same as you.  But I doubt that's really what you intended to ask.

    I was going to write that "no one assumed anything of the sort," but I then realized that, since I hadn't read (and had no intention of reading) your earlier responses in this thread, I couldn't know if that was true.  Stated differently, the possibility existed that you had made the assumption in question.  Therefore, I could not competently write that "no one" had done so.  That's what "with the possible exception of 'superman1'" meant.

    Get a grip.

  • Wed, Nov 16 2016 8:54 PM In reply to

    • Glen Verner
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    Re: Tips/Advice on Jury Trial Presentation

    Thanks for the information.

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