Last week I noted that I would be assisting with the AAJ Regional Trial Competition held in Omaha. I served as a judge for what was, in my view, a very close round between two good teams. Here are some of the trial tactics I was reminded of: Do not assume the presiding judge knows your case as well as you do. This particularly true when responding to an objection [...]
LDM Partner Cathy Trent-Vilim continues her discussion of her recent case in this post. You read in Part I of Werner v. Platte County how the Nebraska Supreme Court affirmed the trial court’s ruling that statements by Mr. Werner made to the EMT while at the scene of the accident qualified for the excited utterance exception to the hearsay rule. The purpose of this post is to discuss why [...]
Everyone, it seems, has heard of the word "hearsay." Those of you lucky enough to be non-lawyers probably associate the word as meaning "something someone else said" or maybe even "gossip." In fact, one on-line dictionary simply defines it as "information that you have heard without having any proof that it is true." Well, in the law, the definition of hearsay is provided by the rules of evidence. From that standpoint, hearsay [...]
Much has been written about the trial of Rogers Clemens. While I prefer not to second guess strategies or debate whether Clemens is really innocent as opposed to simply not guilty, I believe the coverage afforded this trial provides some insight and reminders for lawyers who try cases. One such thing was Judge Walton’s decision to allow jurors to propose questions to be asked of witnesses. I have been involved [...]
In a post following my most recent jury trial I noted the importance of listening. As I stated, this may seem elementary but it is not. On Tuesday, Kyle recounted his recent experience serving as a guest judge at a client counseling competition. As his first point he also noted the importance of listening. Now, there is another endorsement for the importance of listening. Nebraska's very own Bo Pelini has engaged an outside consulting [...]
As trial lawyers, events often move quickly and we make sure the substance of a particular position is made in order to protect the interests of our clients. Unfortunately, substance doesn't always win the day and there are times when form is extremely important. An example of this is the Nebraska Supreme Court's opinion in State v. Ford, 279 Neb. 453, 778 N.W.2d 473 (2010). During the course of this criminal trial, the [...]
This week I am in Lansing Michigan for a trial competition hosted by the Michigan State University College of Law in Lansing Michigan. As is the case every year, the team I have taught for Creighton University School of Law is comprised of four third year law students. The team has spent five nights per week for over a month preparing this year’s case problem. My “co-coach,” Amy Zacharias, a [...]
