Preparation and trial of criminal cases within the Second Circuit / Jay Goldberg.
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| Main Author: | |
|---|---|
| Other title: | General practitioner's guide. |
| Format: | Book |
| Language: | English |
| Published: |
[United States] :
Xlibris Press,
[2009]
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| Subjects: |
Table of Contents:
- PART I : CONCERNS: Initial problems in representing the client
- Counsel fees
- Once legal fees are agreed to
- The planted cellmate
- Bail
- Government questioning before Sixth Amendment attaches
- Disqualification of attorneys
- Admissibility of statements obtained in violation of the defendant's rights
- Government use of electronic surveillance
- The joint defense agreement
- The need for support personnel and protection of materials generated by such personnel
- Federal Rules of Criminal Procedure 12 and its notice obligations
- Competency to stand trial
- Demands for turnover of exculpatory proof and impeachment materials
- Demand for bill of particulars and demand for discovery : Federal Rules of Criminal Procedure 7(f) and 16
- Use of subpoenas duces tecum
- Affidavits from potential government witnesses
- Other sources of information
- Motion practice
- Proffer agreements
- The plea : Federal Rule of Criminal Procedure 11
- Turnover of final taped transcripts
- PART II : TRIAL CONCERNS: Waiver of jury trial
- The motion to recuse the judge
- Demeanor in court
- Relationship with your client during jury selection and trial
- Jury questionnaire
- Jury selection
- Sequestration and/or anonymous jury
- Note-taking and the right of jurors to ask questions
- Confrontation problems in multi-defendant cases, and Federal Rule of Evidence 806
- Informant testimony and the witness cooperation agreement
- Federal Rules of Criminal
- Protecting the record
- The defense opening statement
- Federal Rules of Evidence 403 : the balancing test--probative value versus unduly prejudicial proof
- Skirting the hearsay rule : verbal acts, state of mind exceptions, and the "just for background"
- Government impeachment of a witness it calls to testify
- Government's use of expert testimony
- Husband and wife
- Cross-examination
- Opening the door : curative admissibility
- The danger of the prior consistent statement
- Pre-sentence reports of government witnesses
- Findings of fact resulting from an investigation undertaken pursuant to law
- Prior statements of government witnesses given under oath
- Effective method of refreshing recollection
- Negative character or opinion proof
- The decision as to whether the defendant should testify
- The right of the defendant to confer with counsel during his cross-examination
- Motion to strike out-of-court statements by an alleged co-conspirator
- Motion for judgment of acquittal
- Court's proposed jury instructions : charge conference
- Prosecution summation : opening summation and closing summation
- Setting the order of defense summations
- The defense summation
- The deadlocked jury and the Allen charge
- The verdict
- Post-trial conviction motions
- Sentencing.