Moot Court Case Analysis
21. I require you to provide me with all options and associated risks so I can make a fully informed, intelligent decision. I require you to provide these things in an adequate amount of time.
22. I require you to return each of my phone calls and emails within 24 hours.
23. I require you to keep me apprised of the status of my case and any new developments as they arise in a very timely manner. Do not represent to the prosecutor that I will entertain any agreement without consulting me first.
24. I require you to immediately provide me with a copy of any and all paperwork you send out or receive pertaining to my case and do so with ample time for me to consult with the necessary individual(s) to make decisions about how to proceed and/or what …show more content…
I require you to object often and effectively during hearings and trials. I require you to raise appealable issues at every opportunity, regardless of whether you think the judge will rule against you or not. In the event I am convicted/adjudicated, if you have raised sufficient appealable issues, I will not have to appeal based on ineffective assistance of counsel or sue you for malpractice or file a professional complaint against you. Such issues include the use of hearsay evidence, speculation, manufactured diagnoses by unqualified witnesses, violations of due process based on constitutional issues, violations of constitutional rights, improper jury instructions, introduction of evidence that you have not had the opportunity to examine, et.al.
30. I require you to contest the validity of psychological evaluations. I require you to challenge any and all applicable evidence that can be challenged under the Daubert standard recently adopted in this state.
31. I require you to diligently attempt to impeach all prosecution witnesses. I require you to diligently examine all prosecution evidence and witnesses prior to trial, and use your findings or the findings of my advocates to impeach …show more content…
I require you to follow the instructions pertaining to these people. If I inform you of such a person(s) you can assume these people have already agreed to be witnesses on my behalf and I expect you to utilize them effectively in my defense.
35. I demand the right to face my accuser. I require you to demand that the alleged child witness be available to testify in court we be allowed to examine them prior to trial and I require you to obtain all of their medical records, psychological records, social services records, etc. Be aware that they will not fully disclose all information under services records, etc. Be aware that they will not fully disclose all information under discovery and you will have to fight for it. It is not your job to say this can't be done, it is your job to find a way to do it or at least make reasonable efforts to do so.
36. I demand a Taint Hearing-to determine if the child's testimony has been tainted by improper interview techniques such as being asked leading questions, use of anatomically correct dolls, etc. or if he/she has been coached to make a false disclosure/statements against me etc. this will be used to exclude tainted elements of his/her statements from testimony during trial. If you do not understand what a taint hearing is or how to effectively use it consult local/community resources or fellow legal professionals for
22. I require you to return each of my phone calls and emails within 24 hours.
23. I require you to keep me apprised of the status of my case and any new developments as they arise in a very timely manner. Do not represent to the prosecutor that I will entertain any agreement without consulting me first.
24. I require you to immediately provide me with a copy of any and all paperwork you send out or receive pertaining to my case and do so with ample time for me to consult with the necessary individual(s) to make decisions about how to proceed and/or what …show more content…
I require you to object often and effectively during hearings and trials. I require you to raise appealable issues at every opportunity, regardless of whether you think the judge will rule against you or not. In the event I am convicted/adjudicated, if you have raised sufficient appealable issues, I will not have to appeal based on ineffective assistance of counsel or sue you for malpractice or file a professional complaint against you. Such issues include the use of hearsay evidence, speculation, manufactured diagnoses by unqualified witnesses, violations of due process based on constitutional issues, violations of constitutional rights, improper jury instructions, introduction of evidence that you have not had the opportunity to examine, et.al.
30. I require you to contest the validity of psychological evaluations. I require you to challenge any and all applicable evidence that can be challenged under the Daubert standard recently adopted in this state.
31. I require you to diligently attempt to impeach all prosecution witnesses. I require you to diligently examine all prosecution evidence and witnesses prior to trial, and use your findings or the findings of my advocates to impeach …show more content…
I require you to follow the instructions pertaining to these people. If I inform you of such a person(s) you can assume these people have already agreed to be witnesses on my behalf and I expect you to utilize them effectively in my defense.
35. I demand the right to face my accuser. I require you to demand that the alleged child witness be available to testify in court we be allowed to examine them prior to trial and I require you to obtain all of their medical records, psychological records, social services records, etc. Be aware that they will not fully disclose all information under services records, etc. Be aware that they will not fully disclose all information under discovery and you will have to fight for it. It is not your job to say this can't be done, it is your job to find a way to do it or at least make reasonable efforts to do so.
36. I demand a Taint Hearing-to determine if the child's testimony has been tainted by improper interview techniques such as being asked leading questions, use of anatomically correct dolls, etc. or if he/she has been coached to make a false disclosure/statements against me etc. this will be used to exclude tainted elements of his/her statements from testimony during trial. If you do not understand what a taint hearing is or how to effectively use it consult local/community resources or fellow legal professionals for