case evaluation, trial preparation, and caseload · 2021. 2. 5. · in a case study of how...

Case Evaluation, Trial Preparation, and Caseload

Management

Learning Objectives •Summarize ways to evaluate your cases effectively.

•Discuss methods of trial preparation.

•Recognize helpful ways to manage it all!

Case Evaluation

What is in your file?

Case Evaluation What is in your file?

Police Reports

Photographs

Criminal History

Body Cam Interviews

Surveillance Videos

Scientific ReportsProperty Receipts Witness Information

Written Statements

Proof of Value

911 CAD

DFACS RecordsEvidence Submission FormPrior Conviction

Financial Records

Digital Evidence

Jail calls

Case Evaluation •Read/Study file – (everything)

1. Look at initial charges/incident date (SOL issues) a. Practice Pointer- check crime lab results first!

2. Match elements of crime w/ evidence 3. Develop a theory of the case:

a. Does the evidence match up w/ it? Discrepancies? b. Compare reports/photos/physical evidence

4. Look for issues/holes & case help (ex: Robert Owenby)

a. Call LE to talk, meet w/ victim (always 3rd party), additional info b. Credibility of victims/witnesses

Case Evaluation 5. Drafting witness check list:

• All law enforcement witnesses added?• All civilian witnesses added? • Co-defendant a witness?• All evidentiary witnesses added?

• 911 caller/Business Record • Chain of custody witness• Jail call authenticator• Motion witnesses: roadblock approver/ supervisor

Case Evaluation 6. Charge Selection

• Considerations:• Indictment v. Accusation: O.C.G.A. 17-7-70.1 • Defendant history • Double Jeopardy: traffic misd• Rule of Lenity: when ambiguity exists in a statute, such that the law exacts

varying degrees of punishment for the same offense, the ambiguity will be resolved in favor of a Defendant. • Ex: Jack Harris- Ct. 1: “did willfully inflict physical injury upon victim, an

elder person, by throwing said victim to the ground” • Battery: intentionally cause visible bodily harm to, victim, a person sixty-

five years of age or older, by throwing said victim to the ground

Case Evaluation •REVIEW FINAL CHARGING DOCUMENT

FOR ERRORS

• Are all the appropriate charges on the accusation/indictment?• Is the language in the accusation/indictment accurate?• Does the language in the accusation/indictment cover all the

essential elements of the crime?

Case Evaluation

•What other evidence could potentially be out there?

•What other information about the case or the parties can you gather at this time that might

help your case? Motions to file?

Prior Bad Acts•O.C.GA 24-4-404(b): Evidence of other crimes,

wrongs or acts: “Inadmissible to prove person acted in conformity therewith. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.”

Prior Bad Acts• DUI cases: O.C.G.A 24-4-417(a):• In a case where defendant had a prior DUI charge,

evidence of the prior DUI shall be admissible when: (1) “The accused refused in the current case to take the state administered test required by Code Section 40-5-55 and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident”• (3) “The identity of the driver is in dispute in the current

case and such evidence is relevant to prove identity.”

Prior Bad Acts•Look at the defendant’s GCIC/ Criminal History:•Get certified copies of convictions for the same or

similar offenses•Get the police report for those convictions as well•Add witnesses to witness list•File required notice•Case law ready

Prior Difficulties Between Parties •Domestic violence cases – “Notice not required when

offered to prove… prior difficulties between the accused and alleged victim” [O.C.G.A. 24-404(b)]

•Note this is an exception to the general rule of giving opposing counsel 10 days notice of intent to use bad acts

Prior Difficulties Between Parties

•Ask victim about prior instances of violence •Get reports•Add additional witnesses that can testify • 911 calls/ photos/ etc.

Impeaching the Defendant • O.C.G.A. 24-6-609(a)(2): “Evidence that any witness has

been convicted of a crime shall be admitted regardless of punishment, if the elements of such crime required proof or admission of an act of dishonesty or making a false statement.”• O.C.G.A 24-6-609(b): time limit- older than 10 years

(provide notice)• From date of conviction or release from confinement—whichever is later.

• Notice of aggravation- put notice of everything

Case Evaluation

Additional Case Considerations: •Office Policy• Judge Sentencing •Victim Consideration •Your Reputation!

Trial Preparation 3 general ways to trial prep:

1.Chronological Order: -Create opening statement-Present witnesses in order of case development-Closing is created from the evidence presented

2. Theory/Theme:- Create Closing-Determine facts needed to support closing-Determine witnesses needed to present facts-Open is rendition of facts that will be presented

3. Combination

Trial Preparation Jury Charges

• Prepare ahead of time• Original to the clerk/ copies of defense counsel/ judge,

yourself

Trial Preparation • Review charging

document/elements• Determine the witnesses you

need • Cooperative?• Out of state?• In custody?

• Determine what you need from each witness

• Awareness of witness weakness/ inconsistencies- make a plan

Your Witnesses: • Determine what evidence each

witness will introduce• Foundations• Defense objections• Outline• Test out equipment

• Speak to all witnesses • Limitations in testimony• Appearance • Demeanor • What to expect

• View and Prep all evidence• Create evidence log

Trial Preparation

• Run criminal history• Investigator attempt to interview

• Idea of purpose of witness• Idea of what they will say

• Foundations/Objections for defense evidence

Defense Witnesses: • Always prepare as if

defendant is going to testify- 608: argument ready-certified convictions ready- outline - Defendant testimony to be true/ what has to be false? Who has to be lying?

Trial Preparation Evidence

• Prepared for defense strategies: -Legal defense: incompetence/insanity -Factual defense: alibi/ misidentification -Affirmative defense-Statutory defense-”Not my pants”

• Refresh on common objections and rules: -Impeachment: all the ways/ certified convictions ready-Refresh recollection

Trial Preparation Opening/Closing

• Pre-write something• Opening- could write entire thing/ shell • Closing- shell – PowerPoint helps • Good Theme/ Theory- my disclaimer

Trial Preparation Voir Dire

• Always prepare ahead of time • Good place for theme/theory

questions• Know what NOT to ask • Statutory Questions • Characteristics:

-Desirable-Undesirable

• Juror Questionnaires -Look at them-FB stalk

• Demeanor-sets tone

Trial Preparation Organization

• Trial Notebook • Witness/ Topic folders

Trial Preparation

DO NOT WING IT!

Preparation = Confidence

Work smarter not harder! Recycle Stuff



•Recognize helpful ways to manage it all!

Keep your IZE on the Prize1. Recognize

2. Prioritize

3. Vaporize

Recognize

• Full assessment of tasks to complete• Make a list

In a case study of how individuals management their time in the workplace it was determined:

“A person who works with a “messy” or cluttered desk spends, on average, 1 1/2 hours per day looking for things or being distracted by things or approximately 7 1/2 hours per

workweek. “Out of sight; out of mind.” When it’s in sight, it’s in mind.”

Wasted Time

40 hour week

Do not be in Denial!

PrioritizeDifferent methods:

1. Deadline2. Time commitment 3. Task/topic

“quick wins”4. Importance

personal v. office

Vaporize• Types of distractions:

• External• Internal • Office

• Phone Calls• Drop ins • Staff• Trainees • Social

VaporizeThe average person gets 1 interruption:

every 8 minutes, orapproximately 7 an hour, or 50–60 per day.

The average interruption takes 5 minutes, ortotaling about 4 hours or 50% of the average workday.

80% of those interruptions are typically rated as “little value” or “no value” creating approximately 3 hours of wasted time per day.

Keep your IZE on the Prize1. Recognize

2. Prioritize

3. Vaporize

Lynsay Chapman Lookout Mountain Judicial Circuit

Walker County Office [email protected]

706-638-2121

case evaluation, trial preparation, and caseload · 2021. 2. 5. · in a case study of how...

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