Comments on: In Trial* http://bennettandbennett.com/blog/2008/07/in-trial.html the tao of criminal defense trial lawyering Tue, 16 Mar 2010 16:19:37 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Tarian http://bennettandbennett.com/blog/2008/07/in-trial.html/comment-page-1#comment-4016 Tarian Tue, 15 Jul 2008 13:31:36 +0000 http://bennettandbennett.com/blog/2008/07/in-trial.html#comment-4016 My hunch is, Michael's first guess is right. If it's not a max case, but the jurors are good for you otherwise, then why challenge them? Time will tell. My hunch is, Michael’s first guess is right. If it’s not a max case, but the jurors are good for you otherwise, then why challenge them? Time will tell.

]]> By: Michael http://bennettandbennett.com/blog/2008/07/in-trial.html/comment-page-1#comment-4008 Michael Tue, 15 Jul 2008 03:21:01 +0000 http://bennettandbennett.com/blog/2008/07/in-trial.html#comment-4008 Voir dire's a funny animal. Maybe he didn't think it was a max case; maybe he trusted the other jurors to twist their arms; maybe he saw the veniremen at the last underground meeting of Texas Tort Deform and knew they were lying when they made the secret "signal" during the oath. Had my first CPS jury trial last June. I finished my voir dire with "Finally, how many of you sitting here now, not having heard any of the evidence, have already decided who you think should win". Guess how many raised their hands. Did you say 15? Go to the head of the class. Voir dire’s a funny animal. Maybe he didn’t think it was a max case; maybe he trusted the other jurors to twist their arms; maybe he saw the veniremen at the last underground meeting of Texas Tort Deform and knew they were lying when they made the secret “signal” during the oath.

Had my first CPS jury trial last June. I finished my voir dire with “Finally, how many of you sitting here now, not having heard any of the evidence, have already decided who you think should win”. Guess how many raised their hands. Did you say 15? Go to the head of the class.

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