Johnny, I don't think they're talking about defense attorneys asking for a copy of the offense report. What Stan's talking about is a defense attorney acting like he/she has never seen the offense report before and making a big show of that, when everyone but the jury knows that's not the case.

And that does happen.

quote:

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Originally posted by jane starnes:
There's a young defense attorney here who insists as calling me "dude." I've told him that bugs me, and this isn't The Big Lebowski, but he keeps on with the "dude."

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I will now and forevermore address you as Dude, and will encourage the rest of APLI to do the same.

Dude

YES, I do take Batson motions personally...maybe it is just me but I don't see any other way to spin it. You go before a court and accuse me of being racially motivated in how I try a case...I take it personally. You go to a judge during trial with not even a prima facia showing and say that I am being a racist prosecutor...then I am going to be ticked off...as you can see I am still steamed about that...even if the judge didn't even dignify the claim with a comment.

quote:

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Originally posted by Johnny Venza:
[QUOTE]Originally posted by StanSoko:
Do not stand up in front of a jury and ask for a copy of the witnesses statement/report like you have never seen it before when our office has an open file policy and you made a copy of our file months ago.

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Not all offices that maintain an open-file policy will indulge the defense lawyer with an actual physical (or digital) copy of the OR prior to trial.

Our office makes actually provides a copy machine to the defense bar so that they can copy anything they like, except the criminal history and work product. We also allow copying of the digital media either by yourself or through a private company. Asking for a copy is merely a show and when done as such, elicts a response such as "I will give them another copy of the file they previously copied on such date" making said defense attorney look incompetent.

And today I got:

He's just a young kid

It's barely over a gram (1.28)

We do it different here

He's got a six month old

Probably some others I've already forgotten.

Don't whine!

I was doing some research on the threads when I found this oldie but goodie. So I had to add my own:

Don't ask for a better deal because the defendant is not a U.S. citizen. Period.

Don't pat the 6'4" prosecutor on the head as you leave the negotiations. He will want to kick your a**!!!! Especially if you have come in from out of town and told his boss that she is really out of step with the offers given around the state.

Many years ago, I prosecuted in county that is contiguous to Travis County, and as Austin defense attorneys are apt to do, they would invariable grouse about the plea offer with an explanation like, "Well, in Travis County, we do . . .", and if the boss ever overheard one of those comments, the ensuing discussion was always a pleasure to listen to!!

Everyone hears the "well, in Other County" stuff. I don't know why people think it's going to be effective! Only take clients from that county if you love how they handle it so much. I admit I do like hearing that when I can say, "Actually, I've talked to (person in Other County responsible for that area) and they do it the same day we do. So do the people in A, B, C, D, E, F, and G Counties."

On the wrong end of these - 20 some odd years ago, I moved from prosecuting in a large metropolitan DA's office (Brazos County, lol). to a small quaint rural county (Grimes) The office was made up of the DA, me and our secretary (who I went to high school with). After several months of my incessant whining about "We did it this way in Brazos County!" and "We did it that way in Brazos County!" My secretary (former class mate) turned in her chair and told me "If you like it so d*mn much in Brazos County, go load you big, wide a$$ up in your little red car (I drove a Miata) and drive it back across the d*mn river, if they will even take you back!". She is still with the office. I am now the DA. she established the "pecking order" early on and things have been fine since (as long as I don't cross the line)