Author: Stephen P. Hurley Co-author: Marcus J. Berghahn Because expert testimony is a particularly effective manner of presenting evidence and because the use of an expert may reinforce, with objective data and experience, what had previously been subjective or equivocal facts, the admissibility of expert testimony is often a critical pretrial battle for defense counsel. […]
Archive
Adam Walsh Act: The Federal Sex Offender Registry and So Much More
Author: Marcus J. Berghahn Download article: Adam Walsh Act: The Federal Sex Offender Registry and So Much More. *** […]
The Nuts and Bolts of the Adam Walsh Act: What SORNA Really Means
Author: Marcus J. Berghahn SORNA: Sex Offender Registration and Notification Act General Overview Adam Walsh Child Protection and Safety Act of 2006 42 U.S.C. § 16902, Pub.L. 109-244, Title I, § 103, July 27, 2006, 120 Stat. 591 A. Basics of the Legislation 1. Signed into law on July 27, 2006 • Congress did not […]
Preventing and Defending School Discipline Proceedings
Author: Co-author: Marcus J. Berghahn This lecture and materials are intended as a cursory introduction into student’s rights in public schools and disciplinary proceedings. The materials are general and, hopefully, will allow you to identify issues before any disciplinary proceeding occurs. The materials and today’s discussion are not a substitute to the engagement of a […]
Adam Walsh Act & Sex Offender Registry for Youths and Adults
Author: Marcus J. Berghahn Download full article *** […]
Pretrial Release: The Foundation for Winning at Trial or Sentencing
Author: Marcus J. Berghahn Obtaining pretrial release for a new client is the first and best step toward achieving a good result for your client in federal court, regardless of whether the ultimate disposition is a sentence at the low end of the guideline range (or, perhaps, a downward departure) or acquittal. Pretrial release is […]
An Introduction to Federal Grand Jury Practice
Author: Marcus J. Berghahn 1. Theory 1. History of the Grand Jury Origin of grand jury dates back to 1166, when the King of England, Henry II, issued the Assize of Clarendon. The assize called for twelve “good and lawful” men from the community to come together under oath to act as an investigative agent […]
Straw, Sticks or Bricks: How Strong is the Attorney-Client Privilege? A Cautionary Tale for Defense Counsel
Author: Stephen P. Hurley Co-author: Marcus J. Berghahn Your trial date is rapidly approaching and you are confident that you have a strong case. You have briefed all conceivable motions in limine; you have served the subpoenas, spoken to all possible witness, all that remains is to refine your opening statement. You ask your client […]
The Attorney-Client Privilege: The Self Defense Exception To The Attorney-Client Privilege
Author: Stephen P. Hurley Co-author: Marcus J. Berghahn Three months after withdrawing from your representation of client and from an ethically challenged law firm, you learn that you have been named as a defendant in a civil action, which also names your former law partners and your former client. Your malpractice insurance premium will go […]
“Sharp Practice:” The Use of Section 908.01(4)(b) Admission by Party-Opponent to Hoist A Prosecutor By His Own Words, or the Lessons of State v. Cardenas-Hernandez
Author: Stephen P. Hurley Co-author: Marcus J. Berghahn Note about title1 “Anything you say can and will be used against you” 2 We hold as axiomatic the ability of the prosecution to elicit and admit into evidence our client’s statements through the testimony of others. Such statements are not hearsay3 and they are, almost without […]
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