The Court also purports to express «no views on whether the Constitution imposes any limit on the exercise of peremptory
challenges by defense counsel.»
The Government respectfully submits this letter to address repeated improper
questioning by defense counsel that potentially gave the jury the mistaken impression that approaches of witnesses by law enforcement were somehow unlawful or inappropriate.
Motion
filed by defense counsel contains 37 pages of notes from FBI interviews with Linda Mangano, the wife of the former Nassau executive.
As suggested by past cases, the court's explanations and examples promptly led to additional
efforts by defense counsel to re-analyze those examples and then offer his own.
If you have a potential discrimination claim, because you are in a protected class, and you litigate, any resignation will be
used by Defense counsel to reduce the recovery of monetary damages.
The unredacted originals are kept at a secret «secure facility» outside Washington where they can be
viewed by defense counsel but not removed.
If the court or DA would have insisted upon a drug test had it not been
waived by defense counsel, and the defendant would have failed it if they had insisted, even if the defense lawyer made a mistake, it was probably a harmless error, and relief would not be available.
Other topics addressed were recent cases concerning disgorgement (Kokesh) and the constitutionality of Administrative Law Judges (Lucia); the nature of assistance required to receive credit for cooperation; and observations regarding
arguments by defense counsel that, in the Staff's view, may be conflating elements of the antifraud provisions of the securities laws.
Lyle explains the arguments being
made by defense counsel, and opposed by prosecutors, for the possible «trifurcation» of Moussaoui's death penalty trial.
A medical malpractice plaintiff did not have a right under the Health Insurance Portability and Accountability Act to the production of transcripts of ex parte physician interviews
conducted by defense counsel, the Georgia Supreme Court has ruled in reversing a...
Surely Kevin Trenberth would be cross-examined about the «missing» heat and the «travesty»
by defense counsel; after that, what jury would convict a disputant of a crime merely for disagreeing with Trenberth in public?