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	Comments on: A Great Moment in Trial Lawyering	</title>
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	<description>Houston Criminal Defense Lawyer</description>
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		<title>
		By: Michael		</title>
		<link>https://bennettandbennett.com/blog/great-moment-in-trial-lawyering#comment-824</link>

		<dc:creator><![CDATA[Michael]]></dc:creator>
		<pubDate>Wed, 04 Jun 2008 06:07:38 +0000</pubDate>
		<guid isPermaLink="false">https://bennettandbennett.com/blog/?p=296#comment-824</guid>

					<description><![CDATA[Keep your eye on this &quot;Racehorse&quot; guy; he&#039;s got the potential to be a very good, maybe great litigator someday.]]></description>
			<content:encoded><![CDATA[<p>Keep your eye on this &#8220;Racehorse&#8221; guy; he&#8217;s got the potential to be a very good, maybe great litigator someday.</p>
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		<title>
		By: Mark Bennett		</title>
		<link>https://bennettandbennett.com/blog/great-moment-in-trial-lawyering#comment-823</link>

		<dc:creator><![CDATA[Mark Bennett]]></dc:creator>
		<pubDate>Sun, 16 Sep 2007 21:02:00 +0000</pubDate>
		<guid isPermaLink="false">https://bennettandbennett.com/blog/?p=296#comment-823</guid>

					<description><![CDATA[Simon,&lt;br/&gt;&lt;br/&gt;Thanks for the comment.&lt;br/&gt;&lt;br/&gt;A lawyer who followed the &quot;never ask a question that you don&#039;t know the answer to&quot; dogma would never have gone down this line of questioning. Richard&#039;s style -- making the point (that the witness is a liar) a thousand different ways -- lends itself particularly well to exploring the unknown answers.&lt;br/&gt;&lt;br/&gt;As to the second and third questions being statements. . . is there a rule that a cross-examination question has to end with a rising intonation? If so, I&#039;ve cross-examined lots of witnesses without asking a single question.]]></description>
			<content:encoded><![CDATA[<p>Simon,</p>
<p>Thanks for the comment.</p>
<p>A lawyer who followed the &#8220;never ask a question that you don&#8217;t know the answer to&#8221; dogma would never have gone down this line of questioning. Richard&#8217;s style &#8212; making the point (that the witness is a liar) a thousand different ways &#8212; lends itself particularly well to exploring the unknown answers.</p>
<p>As to the second and third questions being statements. . . is there a rule that a cross-examination question has to end with a rising intonation? If so, I&#8217;ve cross-examined lots of witnesses without asking a single question.</p>
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		<title>
		By: Simon Myerson		</title>
		<link>https://bennettandbennett.com/blog/great-moment-in-trial-lawyering#comment-822</link>

		<dc:creator><![CDATA[Simon Myerson]]></dc:creator>
		<pubDate>Sun, 16 Sep 2007 20:44:00 +0000</pubDate>
		<guid isPermaLink="false">https://bennettandbennett.com/blog/?p=296#comment-822</guid>

					<description><![CDATA[It&#039;s a good cross-examination but I&#039;m not sure that your point about not knowing the answers to the questions is quite right.&lt;br/&gt;&lt;br/&gt;He may not have known the answers but they were all none risk questions. The second&#039;question&#039; was a statement. So was the third. Both were bound to be denied, but if they weren&#039;t no harm would be done. The fourth question was irrelevant in the sense that it didn&#039;t commit him to go further. The fifth was the start of an explanation that could only assist him. If the witness had said his Mother &lt;i&gt;did&lt;/i&gt; know about the crime then the attorney refused to allow a witness to give perjured evidence.&lt;br/&gt;&lt;br/&gt;I would say myself that the ability to pick out the no risk &#039;win either way&#039; line of cross-examination is the best thing about this extract. Following your instincts is fine - if they&#039;re good instincts!]]></description>
			<content:encoded><![CDATA[<p>It&#8217;s a good cross-examination but I&#8217;m not sure that your point about not knowing the answers to the questions is quite right.</p>
<p>He may not have known the answers but they were all none risk questions. The second&#8217;question&#8217; was a statement. So was the third. Both were bound to be denied, but if they weren&#8217;t no harm would be done. The fourth question was irrelevant in the sense that it didn&#8217;t commit him to go further. The fifth was the start of an explanation that could only assist him. If the witness had said his Mother <i>did</i> know about the crime then the attorney refused to allow a witness to give perjured evidence.</p>
<p>I would say myself that the ability to pick out the no risk &#8216;win either way&#8217; line of cross-examination is the best thing about this extract. Following your instincts is fine &#8211; if they&#8217;re good instincts!</p>
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		<title>
		By: GeorgeH		</title>
		<link>https://bennettandbennett.com/blog/great-moment-in-trial-lawyering#comment-821</link>

		<dc:creator><![CDATA[GeorgeH]]></dc:creator>
		<pubDate>Sun, 16 Sep 2007 19:18:00 +0000</pubDate>
		<guid isPermaLink="false">https://bennettandbennett.com/blog/?p=296#comment-821</guid>

					<description><![CDATA[I was fortunate enough to watch Percy Foreman try a couple of cases in the early &#039;60s. Watching a master is a whole different animal than a standard criminal defense.]]></description>
			<content:encoded><![CDATA[<p>I was fortunate enough to watch Percy Foreman try a couple of cases in the early &#8217;60s. Watching a master is a whole different animal than a standard criminal defense.</p>
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		<title>
		By: Matlock		</title>
		<link>https://bennettandbennett.com/blog/great-moment-in-trial-lawyering#comment-820</link>

		<dc:creator><![CDATA[Matlock]]></dc:creator>
		<pubDate>Thu, 13 Sep 2007 02:09:00 +0000</pubDate>
		<guid isPermaLink="false">https://bennettandbennett.com/blog/?p=296#comment-820</guid>

					<description><![CDATA[That&#039;s good stuff!]]></description>
			<content:encoded><![CDATA[<p>That&#8217;s good stuff!</p>
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