Topic
Closing Arguments
52 published works
Tilting the Scales
Some Quick Thoughts on Opening Statements, Closing Arguments and Jury Deliberations
By Drew York
This will likely be the last piece I write on last month’s trial. We are scheduled to start another trial in January 2018, with additional trials in April and May,…
Legal Profession Blog
Improper Argument Dooms Murder Conviction
A prosecutor's improper closing argument requires the Commonwealth to accept either a reduced verdict or a new trial, according to a recent opinion of the Massachusetts Supreme Judicial CourtIt is…
EvidenceProf Blog
The Serial Podcast, Episode 9: How the Defense Could Have & Should Have Destroyed the Prosecution During Closing
By Colin Miller
I've done fifteen posts(here, here, here, here, here, here, here, here, here, here, here, here, here, here, and here)about Sarah Koenig's Serial Podcast, which deals with the 1999 prosecution of 17 year-old Adnan Syed for murdering his ex-girlfriend, 18 year-old Hae Min Lee. This post is…
EvidenceProf Blog
I Rest My Case, Take 5: Supreme Court Of West Virginia Allows For Additional Evidence After Start Of Closing Arguments
By Colin Miller
Recently, I have written several posts about whether judges should be able to use their power under Federal Rule of Evidence 614(a) and state counterparts. In one of those posts, I discussed…
EvidenceProf Blog
With No Objection In The Middle There’s Some Leeway: EDVA Requires No Contemporaneous Objection In Golden Rule Appeal
By Colin Miller
Sometimes, an attorney's closing argument is so over the top that it is easy for opposing counsel to object. Think Al Pacino's closing argument in ...And Justice for All. Other times, it…
Legal Profession Blog
Hot Argument, Cold Court
In a case involving a plaintiff struck by a truck while in a crosswalk, the Utah Supreme Court held that defense counsel's "McDonald's coffee case" reference in closing argument warranted…
Other
Supreme Court Revisits Court of Appeals Decision on Improper Closing Arguments, Daubert
Last year I discussed the Court of Appeals decision in Denham v. Holmes in this post. The Court of appeals reversed a Lafayette County defense verdict due to issues related…
MS Litigation Review & Commentary
Supreme Court Revisits Court of Appeals Decision on Improper Closing Arguments, Daubert
Last year I discussed the Court of Appeals decision in Denham v. Holmes in this post. The Court of appeals reversed a Lafayette County defense verdict due to issues related…
The Contingency
Write Before You Speak
Deliberations got it just right last week. Did it ever. The post -- in screaming all caps -- touts "THE OTHER DEFINITION OF 'LAW PRACTICE'". It tells of a defense…
Personal Injury
Court of Appeals Reverses Defense Verdict Due to Daubert, Closing Argument and Jury Instruction Issues
The Mississippi Court of Appeals issued an interesting opinion on Tuesday and reversed a trial court defense jury verdict in Denham v. Holmes. Here is the Court’s opinion. Presiding Judge Joseph Lee…