Relentless Criminal Cross-Examination
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Table of Contents
Chapter 1 Governing Principles and Strategies
Chapter 2 Cross-Examination: Theory of Case, Opening Statement, Closing Argument
Chapter 3 Cross-Examination of Arresting Officer: Motions to Suppress
Chapter 4 Cross-Examination of Detective Who Obtained Confession
Chapter 5 Cross-Examination of Informants and Accomplices
Chapter 6 Cross-Examination of Eyewitnesses
Chapter 7 Cross-Examining Expert Witnesses
Chapter 8 Cross-Examination in Sexual Assault Cases
Chapter 9 Cross-Examination in DWI Cases
Expanded Table of Contents
Chapter 1
Governing Principles and Strategies
I.
The Law of Cross-Examination
A.
Right to Confrontation
§1:01
A Brief History
§1:02
Rights of the Witness
§1:03
Rights of Alleged Sexual Assault Victim
§1:04
Denial of Right to Cross-Examine
B.
Scope of Examination
§1:05
Cross-Examination Limited to Scope of Direct
§1:06
Scope of Redirect and Re-Cross
C.
Trial Not Designed to Be Fair to Government
§1:07
Government Entitled to Fair
§1:08
Constitution Frames Trial in Favor of Defendant
§1:09
Make Judge Understand “Fairness” Distinction
[§1:10 Reserved]
II.
Initial Hurdles
§1:11
For Defense, It’s All About Cross-Examination
§1:12
Overcoming Defense Attorney Credibility Deficit
§1:13
Controlling Your Client
[§1:14 Reserved]
III. First Rule of Cross-Examination: Do No Harm
§1:15
Purpose of Cross: Persuade Jury Government Has Not Met Its Burden
§1:16
Prepare Tactical, Goal-Oriented Cross
§1:17
Never Ask Open-Ended Questions
[§§1:18-1:19 Reserved]
IV.
What Does Not Work
§1:20
Unstructured Cross
§1:21
Nasty Cross
§1:22
Restricting Witness to “Yes” or “No”
§1:23
Appealing to Judge for Help
[§1:24 Reserved]
V.
Imposing Your Will on the Witness
A.
Use Police Report to Hog-Tie Officer
§1:25
The Answer Is in the Documents
§1:26
Police Report Not Objective
§1:27
Pattern Cross: Pressure to Draft Comprehensive Report
§1:28
Pattern Cross: Officer Backpedals From Report
[§1:29 Reserved]
B.
Investigate
§1:30
Visit the Scene
§1:31
Pattern Cross: Crime Scene Details
[§§1:32-1:34 Reserved]
C.
Plan Your Cross-Examination and Stick With the Plan
§1:35
Difficult Witnesses
§1:36
Categorize Witnesses
§1:37
Witnesses You Want to Destroy
§1:38
Witnesses Who May Provide Favorable Testimony
§1:39
Stick With Your Plan
D.
Tone, Tempo, Tenor
§1:40
Tone
§1:41
Tempo
§1:42
Tenor
E.
Extracting Favorable Evidence
§1:43
What Do You Know About the Witness?
§1:44
Pattern Cross: Make Defense Witness Your Own
[§1:45 Reserved]
F.
Size Up the Witness (He Will Be Sizing You Up)
§1:46
Good Cross Depends on Skill, Not Luck
§1:47
Practical Tips for Watching the Witness
§1:48
Witness Sizes You Up
§1:49
Expose Officer for Behavior Outside Presence of Jury
G.
Keep Questions Short
§1:50
Leave No Room for “Misinterpretation”
§1:51
Example: What Can Go Wrong
§1:52
Example: How to Do It Right
H.
Impeachment
§1:53
Annotate Your Outline With References to Documents
§1:54
Copy Witness’s Precise Language on Cross
§1:55
Note Every Enhancement of Witness’s Story
[§§1:56-1:59 Reserved]
VI.
Dealing With the Prosecutor
§1:60
Objections and Jurors
§1:61
Resist Temptation to Object
§1:62
Objection-Happy Prosecutors
§1:63
Punish Prosecutor for Signaling Witness
§1:64
Play With Prosecutor’s Toys
[§1:65 Reserved]
VII. Dealing With the Judge
§1:66
Judge’s Apparent Authority
§1:67
In Reality, Trial Judge Has Limited Powers
§1:68
Power to Hold You in Contempt
§1:69
Never Allow the Judge to Intimidate You – Intimidate Him
Chapter 2
Cross-Examination: Theory of Case, Opening Statement, Closing
Argument
I.
Develop Theory of Case
§2:01
Purpose of Case Theory
§2:02
Begin with Basic Chronology
[§§2:03-2:04 Reserved]
II.
Opening Statement
A.
Goals of Opening Statement
§2:05
Tell Defendant’s Story; Shape Perceptions
§2:06
Persuade With Detailed Factual Account
B.
Obstacles to Success
§2:07
Fear of Unreliable Witnesses
§2:08 Fear
of Unreliable Defendants
§2:09 Fear
of Conceding Facts
§2:10 Fear
of Unfulfilled Promises
C.
Keys to Success
§2:11
Resist Temptation to Play it Safe
§2:12
Tell the Story Without Committing Yourself to Calling Witnesses
§2:13
Cite Specific Reasons for Distrusting Government Witnesses and
Prosecutor
D.
Lay Foundation for Cross-Examination
§2:14
Detail Inconsistent Statements
§2:15
Show Witness’s Allegations to be Inconsistent With Facts
§2:16
Call Attention to Witness’s Demeanor
§2:17
Attack in Both Directions: Plant Seed of Suspicion About Prosecutor
E.
Sample Opening Statement
§2:18
Key Facts
§2:19
Strategy
§2:20
Sample Opening Statement
[§§2:21-2:29 Reserved]
III. Closing Argument
A.
Governing Principles
§2:30
General Rule: Even a Great Closing Will Not Save a Lost Case
§2:31
Caveat: Closing Matters in Close Cases
B.
Educate Jurors on Their Roles
§2:32
Deliberations Not a Search for “Truth”
§2:33
Government Must Satisfy People of Accused’s Guilt
§2:34
Sample Language for Closing
C.
Demonstrate Emotional Commitment to Your Client
§2:35
Entrust Jury With Protecting Defendant
[§§2:36-2:39 Reserved]
D.
Arm “Your” Jurors With Tools to Prevail During Deliberations
1. Help
Jurors Overcome Fear of Law Enforcement
§2:40
Officers Not Above Lying on Stand
§2:41
Sample Language for Closing
2. Explain
“Beyond a Reasonable Doubt”
§2:42
Judge’s Oral Instructions Offer Little Guidance
§2:43
Provide Own Definition of “Reasonable Doubt”
§2:44
Sample Language for Closing
3. Show
Jury How to Apply “Beyond a Reasonable Doubt”
§2:45
Apply Standard to Each Piece of Evidence
§2:46
Sample Language for Closing
E.
Cross-Examination and Prosecutor’s Closing
§2:47
If Prosecutor Gets Last Word
§2:48
Don’t Just Anticipate Prosecutor’s Closing, Derail It
§2:49
Caution: Calling Defense Witnesses
FORMS
Form 2-A
Motion for Order Prohibiting Prosecutor From Commenting on
Defendant’s Decision Not to Testify
Form 2-B
Sample Closing Argument — Good v. Evil
Chapter 3
Cross-Examination of Arresting Officer: Motions to Suppress
I.
Governing Principles
§3:01
All-Too-Common Fact Pattern
§3:02
Brazen Police Officers and the Forfeiture of Freedom
§3:03
Judge Is Likely Just Another Frightened Citizen
§3:04
Culture of Testilying
§3:05
Basic Strategy for Suppression Hearings
§3:06
Sample Open-Ended Cross-Examination
[§§3:07-3:09 Reserved]
II.
Was Defendant in Custody?
A.
Meaning of “In Custody”
§3:10
Prosecutor’s Direct Examination
§3:11
Defense Cross-Examination
B.
Client Free to Leave House Surrounded by Armed Police
§3:12
Sample Fact Pattern
§3:13
Strategy
§3:14
Cross-Examination
C.
Suspect Voluntarily Accompanied Police to Station
§3:15
Key Facts
§3:16
Strategy
§3:17
Angles of Attack
§3:18
Cross-Examination
[§§3:19-3:24 Reserved]
III. Motor Vehicle Stops and Searches
A.
Motor Vehicle Stops
1.
Suspected Drug Deal in Vehicle
§3:25
Common Fact Pattern
§3:26
Prosecutor’s Direct Examination of Officer
§3:27
Defense Cross-Examination
2. Casing
the Neighborhood
§3:28
Common Fact Pattern
§3:29
Strategy
§3:30
Angles of Attack
§3:31
Cross-Examination
3.
Suspected Stolen Car
§3:32
Strategy
§3:33
Sample Fact Pattern
§3:34
Angles of Attack
§3:35
Cross-Examination
[§§3:36-3:39 Reserved]
B.
Motor Vehicle Searches
1. Based on
Odor of Marijuana
§3:40
Strategy
§3:41
Angles of Attack
§3:42
Cross-Examination
2. Search
of Trunk Based on Odor of Marijuana
§3:43
Common Fact Pattern
§3:44
Cross-Examination
3. Search
Based on Strong Odor of Marijuana, But Suspect Not High
§3:45
Strategy
§3:46
Angles of Attack
§3:47
Cross-Examination
4. Search
Based on Furtive Movements
§3:48
Strategy
§3:49
Angles of Attack
§3:50
Cross-Examination
[§§3:51-3:54 Reserved]
IV.
Drug Cases
§3:55
Strategy: Hand-to-Hand Drug Deal
§3:56
Angles of Attack
§3:57
Cross-Examination
[§§3:58-3:59 Reserved]
V.
Search Warrants
A.
Failure to Include Evidence
§3:60
Strategy
§3:61
Cross-Examination
B.
Confidential Informants
§3:62
Strategy
§3:63
Angles of Attack
§3:64
Cross-Examination
[§§3:65-3:69 Reserved]
VI.
Search Incident to Arrest
§3:70
Strategy
§3:71
Angles of Attack
§3:72
Cross-Examination
FORMS
Form 3-A
Motion to Suppress Statements; Unlawful Detention.
Form 3-B
Motion to Suppress – Motor Vehicle Stop and Search; Drug Deal
Form 3-C
Motion to Suppress – Warrant Obtained by Pretext
Chapter 4
Cross-Examination of Detective Who Obtained Confession
I.
Interrogation Tactics—Overview
§4:01
A Single Suspect
§4:02
Multiple Suspects
II.
Expose Coercive Tactics
A.
Detectives Have Only One Chance to Question Suspect
§4:03
Strategy
§4:04
Pattern Cross
[§4:05 Reserved]
B.
Using Ticking Clock to Make Suspect Feel Desperate
§4:06
Common Fact Scenario
§4:07
Strategy
§4:08
Angles of Attack
§4:09
Pattern Cross
[§4:10 Reserved]
C.
Detectives Need Confession Because Forensic Evidence Is Unknown
§4:11
Key Facts
§4:12
Angles of Attack
§4:13
Pattern Cross
[§4:14 Reserved]
D.
Isolating the Suspect
§4:15
Strategy
§4:16
Key Facts
§4:17
Angles of Attack
§4:18
Pattern Cross
[§4:19 Reserved]
E.
Right to Make Telephone Call
1. Police
Claim Defendant Not Under Arrest or in Custody
§4:20
Angles of Attack
§4:21
Pattern Cross
2. Police
Did Not Offer Defendant Use of Telephone Following Arrest
§4:22
Angles of Attack
§4:23
Pattern Cross
[§4:24 Reserved]
F.
Failure to Record Defendant’s Statement
§4:25
Strategy
§4:26
Angles of Attack
§4:27
Pattern Cross
[§§4:28-4:29 Reserved]
G.
Written Statement Is Invalid
§4:30
Strategy
1.
Detective Drafted Statement
§4:31
Angles of Attack
§4:32
Pattern Cross
2.
Defendant’s Signature Is Meaningless
§4:33
Strategy
§4:34
Angles of Attack
§4:35
Pattern Cross
FORMS
Form 4-A
Motion to Suppress – Confession
Form 4-B
Motion re Seminars Attended by Detectives Involved in Taking
Defendant’s Statement
Chapter 5
Cross-Examination of Informants and Accomplices
I.
Governing Principles
II.
The “Innocent Bystander”
A.
Tie “Bystander” to Crime
§5:01
Strategy
§5:02 Key
Facts
§5:03
Angles of Attack
§5:04
Cross-Examination
B.
Distance “Bystander” From Client
§5:05
Strategy
§5:06
Key Facts
§5:07
Angles of Attack
§5:08
Cross-Examination
C.
“Bystander” Desperate to Avoid Being Caught
§5:09
Strategy
§5:10
Key Facts
§5:11
Angles of Attack
§5:12
Cross-Examination
[§§5:13-5:19 Reserved]
III. The Consummate Liar
§5:20
Strategy
§5:21
Key Facts
§5:22
Angles of Attack
§5:23
Cross-Examination
[§§5:24-5:29 Reserved]
IV.
The Desperate Witness
A.
The Miscreant Co-Defendant
§5:30
Strategy
§5:31
Angles of Attack
§5:32
Cross-Examination
[§§5:33 Reserved]
B.
The Innocent Bystander/Accomplice
§5:34
Key Facts
§5:35
Angles of Attack
§5:36
Cross-Examination
[§§5:37 Reserved]
C.
The Wealthy Defendant
§5:38
Key Facts
§5:39
Strategy
§5:40
Angles of Attack
§5:41
Cross-Examination
[§§5:42-5:49 Reserved]
V.
The Prison Informant
§5:50
Strategy
§5:51
Common Fact Pattern
§5:52
Angles of Attack
§5:53
Cross-Examination
[§§5:54-5:59 Reserved]
VI.
The Recanting Informant
§5:60
Common Fact Pattern
§5:61
Strategy
§5:62
Angles of Attack
§5:63
Cross-Examination
Chapter 6
Cross-Examination of Eyewitnesses
I.
Attack Conditions Under Which Victim Made Initial Observation
§6:01
Governing Principles
§6:02
Strategy
§6:03
Angles of Attack
§6:04
Cross-Examination
[§§6:05-6:09 Reserved]
II.
Initial Description Does Not Match Defendant
§6:10
Strategy
§6:11 Key
Facts
§6:12
Angles of Attack
§6:13
Cross-Examination
[§§6:14-6:19 Reserved]
III. Failure to Select Client’s Photograph
§6:20
Strategy
§6:21
Key Facts
§6:22
Angles of Attack
§6:23
Cross-Examination
[§§6:24-6:29 Reserved]
IV.
Photo Array
§6:30
Strategy
A.
Failure to Conduct Line-Up
§6:31
Key Facts
§6:32
Angles of Attack
§6:33
Cross-Examination
[§6:34 Reserved]
B.
Using Photograph Unlike Others
§6:35
Key Facts
§6:36
Angles of Attack
§6:37
Cross-Examination
[§§6:38-6:44 Reserved]
V.
Line-Up
Identification
§6:45
Strategy
§6:46
Key Facts
§6:47
Angles of Attack
§6:48
Cross-Examination
[§§6:49-6:54 Reserved]
VI.
Threaten to Test Witness’s Recollection
§6:55
Strategy
§6:56
Key Facts
§6:57
Angles of Attack
§6:58
Cross-Examination
[§§6:59-6:64 Reserved]
VII. Juxtaposing Witnesses
§6:65
Strategy
§6:66
Key Facts
§6:67
Angles of Attack: Eyewitness
§6:68
Cross-Examination of Eyewitness
§6:69
Angles of Attack: Officer
§6:70
Cross-Examination of Officer
FORMS
Form 6-A
Motion to Suppress Identification
Form 6-B
Motion for Access to Mug Shot Books Reviewed by Alleged Witnesses
Chapter 7
Cross-Examining Expert Witnesses
I.
Basic Principles
§7:01
Do I Need to Cross-Examine This Expert?
§7:02 Hire
Your Own Expert
[§§7:03-7:04 Reserved]
II.
Government’s Hired Expert
§7:05
Strategy
A.
“After-the-Fact” Expert
§7:06
Strategy
§7:07
Cross-Examination
B.
Expert’s Fees
§7:08
Strategy
§7:09
Cross-Examination
C.
Expert Testimony Is Competitive Business
§7:10
Strategy
§7:11
Cross-Examination
D.
Defuse Prosecution’s Attack on Your Expert
§7:12
Strategy
§7:13
Cross-Examination
E.
Bias
§7:14
Strategy
§7:15
Cross-Examination
F.
Testifying for Defense Once or Twice Does Not Make Expert
“Independent”
§7:16
Strategy
§7:17
Cross-Examination
[§§7:18-7:24 Reserved]
III. Government Payroll Experts
A.
State Chemists/Toxicologists
§7:25
Governing Principles
§7:26
Strategy
1. Possible
Contamination of Sample
§7:27
Angles of Attack
§7:28
Cross-Examination
2. Failed
Confirmation of Screening Test
§7:29
Angles of Attack
§7:30
Cross-Examination
3. Building
Up Reliability of Negative Tests
§7:31
Strategy
§7:32
Example: Poor Cross-Examination Using General Questions
§7:33
Better Example: Strong Cross Using Specific Questions
[§§7:34-7:39 Reserved]
B.
Medical Examiner
1.
Governing Principles
§7:40
Not Your Typical Expert
§7:41
Autopsy Purpose & Procedures
2. Bullet
Wounds
§7:42
Strategy
§7:43
Cross-Examination
3. Victim
Did Not Suffer
§7:44
Key Facts
§7:45
Angles of Attack
§7:46
Cross-Examination
[§§7:47-7:49 Reserved]
4.
Poisoning
a.
As Means of Murder
§7:50
Difficult to Prove
§7:51
Strategy
§7:52
Angles of Attack
§7:53
Cross-Examination
b.
Physical Effects of Poison
§7:54
Strategy
§7:55
Key Facts
§7:56
Angles of Attack
§7:57
Cross-Examination
[§§7:58-7:59 Reserved]
5. Death by
Natural Causes
§7:60
Example: Ineffective Cross-Examination
§7:61
Example: Effective Cross-Examination
[§§7:62-7:64 Reserved]
C.
Accident Reconstructionist
1.
Governing Principles
§7:65
Little Formal Education or Training
§7:66
Subjective Component to Accident Reconstruction
2. Conclusions
Conflict With Witnesses
§7:67
Strategy
§7:68
Angles of Attack
§7:69
Cross-Examination
3.
Shenanigans With Measurements
§7:70
Strategy
§7:71
Cross-Examination
4. Motive
for Revising Analysis
§7:72
Strategy
§7:73
Angles of Attack
§7:74
Cross-Examination
[§§7:75-7:79 Reserved]
5.
Misleading Clues
a.
Vehicle Did Not Brake
§7:80
Strategy
§7:81
Cross-Examination
b.
Differentiating Between Yaw Mark and Skid Mark
§7:82
Strategy
§7:83
Angles of Attack
§7:84
Cross-Examination
6.
Auto/Pedestrian Cases
§7:85
Key Facts
§7:86
Angles of Attack
§7:87
Cross-Examination — Challenge Expert’s Ultimate Conclusions
§7:88
Cross-Examination — Raise Visibility Issues
§7:89
Cross-Examination — Additional Grounds for Attack
IV.
Expert—Fingerprint Evidence
A.
Governing Principles
§7:90
Latent Prints and AFIS
§7:91
Error Rate
§7:92
Junk Science?
§7:93
For Defense Counsel: Two Options
[§7:94 Reserved]
B.
Expert Compared Latent Print With Client’s Print Only
§7:95
Strategy
§7:96
Angles of Attack
§7:97
Cross-Examination
C.
Downplaying Accuracy of AFIS
§7:98
Strategy
§7:99
Cross-Examination
D.
Poor Quality of Latent Print
§7:100 Strategy
§7:101 Angles of
Attack
§7:102
Cross-Examination
E.
Galton Points Standards
§7:103 Strategy
§7:104
Cross-Examination
FORMS
Form 7-A
Motion for Sources Consulted by Trooper in Analyzing Accident and
Drafting Accident Reconstruction Report
Chapter 8
Cross-Examination in Sexual Assault Cases
I.
Governing Principles
§8:01
Not for the Faint of Heart
§8:02
Length of Examination
§8:03
Tone of Cross-Examination
§8:04
The Crying Witness
[§8:05 Reserved]
II.
The Alleged Child Victim
A.
The Child Witness
1.
Governing Principles
§8:06
Establish Connection With Child
§8:07
Show How Children Are Easily Led
§8:08
Focus on Details
[§8:09 Reserved]
2. Failure
to Inform Parents
§8:10
Strategy
§8:11
Key Facts
§8:12
Angles of Attack
§8:13
Cross-Examination
[§8:14 Reserved]
3. Failure
to Tell Teacher
§8:15
Strategy
§8:16
Angles of Attack
§8:17
Cross-Examination
B.
Officer Who Conducted Initial Interview
§8:18
Strategy
§8:19
Key Facts
§8:20
Angles of Attack
§8:21
Cross-Examination
[§§8:22-8:24 Reserved]
III. The Alleged Rape Victim
A.
Consent Defense
§8:25
Governing Principles
1. Dressing
to Attract Attention
§8:26
Strategy
§8:27
Angles of Attack
§8:28
Cross-Examination
[§8:29 Reserved]
2. Actions
That Suggest Consent
§8:30
Strategy
§8:31
Key Facts
a.
Alleged Victim Asked About the Accused
§8:32
Angles of Attack
§8:33
Cross-Examination
b.
Alleged Victim Approached the Accused
§8:34
Angles of Attack
§8:35
Cross-Examination
c.
Alleged Victim Consumed Too Much Alcohol
§8:36
Angles of Attack
§8:37
Cross-Examination
d.
Alleged Victim Let Defendant Remove Her Clothes
§8:38
Angles of Attack
§8:39
Cross-Examination
[§§8:40-8:44 Reserved]
B.
Failure to Report Attack
§8:45
Strategy
§8:46
Key Facts
1. Failure
to Call Police Morning After
§8:47
Angles of Attack
§8:48
Cross-Examination
2. Failure
to Contact Police After Hospital Examination
§8:49
Strategy
§8:50
Angles of Attack
§8:51
Cross-Examination
3. Failure
to Tell Friends and Family
§8:52
Angles of Attack
§8:53
Cross-Examination
[§§8:54-8:59 Reserved]
IV.
Story Seems to Change
A.
“Fresh Complaint” Witnesses
§8:60
Strategy
§8:61
Key Facts
§8:62
Angles of Attack
§8:63
Cross-Examination
[§8:64 Reserved]
B.
Confronting Alleged Victim With Inconsistent Statements
§8:65
Strategy
§8:66
Key Facts
§8:67
Angles of Attack
§8:68
Cross-Examination
[§§8:69-8:74 Reserved]
V.
Emergency Room Nurse/Physician
§8:75
Governing Principles
A.
Decision to Conduct Sexual Assault Examination
§8:76
Strategy
§8:77
Angles of Attack
§8:78
Cross-Examination
B.
Completing Sexual Assault Forms
§8:79
Angles of Attack
§8:80
Cross-Examination
C.
If No Evidence Connects Accused to Crime
§8:81
Strategy
§8:82
Angles of Attack
§8:83
Cross-Examination
D.
If No Injuries Found
§8:84
Angles of Attack
§8:85
Cross-Examination
E.
Attempts to Document Injury to Vagina—None Found
§8:86
Strategy
§8:87
Angles of Attack
§8:88
Cross-Examination
[§§8:89-8:94 Reserved]
VI.
Motive for Making False Accusation
§8:95
Strategy
A.
Scenario #1 – To Save Face
§8:96
Key Facts
§8:97
Angles of Attack
§8:98
Cross-Examination
[§8:99 Reserved]
B.
Scenario #2 – To Deflect Allegations of an Affair
§8:100 Key Facts
§8:101 Angles of
Attack
§8:102
Cross-Examination
[§8:103 Reserved]
C.
Scenario #3 – Revenge; Ignorance of Law
§8:104 Key Facts
§8:105 Angles of
Attack
§8:106
Cross-Examination
[§8:107 Reserved]
D.
Scenario #4 – Desire to Break Up a Marriage
§8:108 Key Facts
§8:109 Angles of
Attack
§8:110
Cross-Examination
Forms
Form 8-A
MA Rape Kit Form
Chapter 9
Cross-Examination in DWI Cases
I.
Governing Principles
II.
Cross-Examination of Arresting Officer
A.
Initial Observations of Driving
1. Good
Driving
§9:01
Strategy
§9:02
Angles of Attack
§9:03
Cross-Examination
[§9:04 Reserved]
2. Absence
of Drunk Driving “Red Flags”
§9:05
Strategy
§9:06
Angles of Attack
§9:07
Cross-Examination
[§§9:08-9:09 Reserved]
B.
Bloodshot or Glassy Eyes
§9:10
Strategy
§9:11
Angles of Attack
§9:12
Cross-Examination
[§§9:13-9:14 Reserved]
C.
Odor of Alcohol
§9:15
Strategy
§9:16
Angles of Attack
§9:17
Cross-Examination
[§§9:18-9:19 Reserved]
D.
Field Sobriety Tests
1.
Horizontal Gaze Nystagmus
§9:20
Strategy
§9:21
Angles of Attack
§9:22
Cross-Examination
[§§9:23-9:24 Reserved]
2.
Heel-to-Toe
§9:25
Strategy
§9:26
Angles of Attack
§9:27
Cross-Examination
[§§9:28-9:29 Reserved]
3.
One-Leg-Stand Test
§9:30
Strategy
§9:31
Angles of Attack
§9:32
Cross-Examination
[§§9:33-9:34 Reserved]
4. Alphabet
Test
a.
Client Passed Test
§9:35
Strategy
§9:36
Angles of Attack
§9:37
Cross-Examination
[§§9:38-9:39 Reserved]
b.
Client Failed Test – English Is Second Language
§9:40
Strategy
§9:41
Angles of Attack
§9:42
Cross-Examination
[§§9:43-9:44 Reserved]
E.
No “Red Flags” in Defendant’s Behavior
§9:45
Strategy
§9:46
Angles of Attack
§9:47
Cross-Examination
[§§9:48-9:49 Reserved]
F.
Hospital Testing
§9:50
Strategy
§9:51
Angles of Attack
§9:52
Cross-Examination
[§§9:53-9:54 Reserved]
III. Breathalyzer Expert
A.
Police Not Entrusted With Real Toxicology Equipment
§9:55
Strategy
§9:56
Angles of Attack
§9:57
Cross-Examination
[§§9:58-9:59 Reserved]
B.
Breathalyzer Tests Air, Not Blood
§9:60
Strategy
§9:61
Angles of Attack
§9:62
Cross-Examination
[§§9:63-9:64 Reserved]
C.
Hospital Testing
§9:65
Strategy
§9:66
Angles of Attack
§9:67
Cross-Examination
FORMS
Form 9-A
Omnibus DWI Discovery Motion
Form 9-B
Subpoena Duces Tecum to Appear and Bring Training Manuals
Table of Cases
Table of Statutes
Index
B9
Updated 04/06/12
