Impeachment: Panel Discussion & Demonstration
The panel will discuss the strategies behind implementing various impeachment techniques, such as bias, inconsistent statements, and character for dishonesty. Panel members will then demonstrate putting these strategies into action through a series of mock cross-examinations.
John Mitchell — Professor, William C. Oltman Professor of Teaching Excellence, Seattle University School of Law, Seattle
Panelists and Participants:
Francisco A. Duarte — Fury Bailey, PS, Seattle
Felix G. Luna — Peterson Young Putra, Seattle
Karl Malling — Karl Malling PS, Seattle
Evidence Toolbox: The Rules Trial Lawyers Must Know
• Need for prompt and timely objection, offer of proof
• Limited admissibility (admissibility for one purpose but not another)
• Judicial notice and its limits, investigation by judge
• Rules that apply at all times to all evidence: relevance (ER 401 to 412), confusion and unfair prejudice (ER 403), surprise, privilege
• The master plan — specific hurdles to clear when introducing evidence
Karl B. Teglund — Attorney at Law, Mill Creek
How to Prepare for the Unexpected at Trial
• Following up on unexpected testimony during cross examination
• Preparing for responses to objections at all stages of trial
• Preparing for alternate ways to get evidence admitted
• General practice making objections, responding to objections, and replying to responses
Thomas Breen — Savitt Bruce & Willey LLP, Seattle
C. N. Coby Cohen — McDougald & Cohen PS, Seattle
This presentation will be heavy on visuals, instructing you on why it is you need to think in terms of visual evidence, and how to handle the various foundational and admissibility problems that come up.
William Bailey — Fury Bailey, PS, Seattle
Using Pre-Trial Motions as a Sword Rather than a Shield
• What are the most effective ways to approach pre-trial motions with your judge?
• Which motions should be filed well before the trial date, and which should be addressed as motions in limine?
• How do you approach your pre-trial motions with your “eye on the prize”
— convincing the jury?
• Can you use your motions to control the behavior and presentation of your opponent?
• What is the best way to set up the factual basis for your pre-trial motions?
Roger Rogoff — Assistant United States Attorney, The United States Attorney’s Office Western District of Washington, Seattle
Date of Seminar: February 25, 2011