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THE CROSS-EXAMINER’ DEMEANOR – DO’S AND DON’TS

Don’t Show the DamageYou asked the “Why” question on cross-examination. And, you just learned why it is a commandment that you should never ask a “why” question on cross. You learned that you opened the door for the expert witness who is now expounding on the other side’s case theory. You wish you could go [...]

CROSS-EXAMINING AN INDEPENDENT MEDICAL EXAMINATION DOCTOR

Is the Phrase “Independent Medical Exam” an Oxymoron?Two personal injury lawyers, Patrick A. Trudell and Ronald V. Miller share their thoughts about cross-examining Independent Medical Examination doctors on their respective blogs - Seattle Zen Legal Blog and Maryland Injury Lawyer Blog respectively. While Mr. Miller lists “random thoughts” about cross of the IME – found [...]

LESSONS FROM MICHAEL JACKSON’S DOCTOR TRIAL

Build Your Case on Cross-ExaminationIn the involuntary manslaughter trial of Conrad Murray, Michael Jackson’s doctor, the defense called Dr. Paul White to testify, among other things, that Jackson self medicated with his own stash of propofol thereby causing his own death. Prosecutor David Walgren (on right in picture) relied on concession-seeking cross-examination to build his [...]

THE VELVET HAMMER DUELS WITH AN EXPERT WITNESS

Karen Koehler Cross-Examines an ExpertKaren Koehler, known by her adversaries as the “Velvet Hammer,” is a trial lawyer with Stritmatter Kessler Whelan Coluccio, an Adjunct Professor at the University of Washington Law School, a prolific writer and a guest columnist here. What follows is her insightful trial report on her cross-examination of a defense vocational [...]

CROSS-EXAMINING THE EXPERT – THE PRESUMED INNOCENT ILLUSTRATION

Cross-Examination Techniques DemonstratedPresumed Innocent, Scott Turow’s masterpiece thriller and courtroom drama, superbly illustrates how to conduct a winning cross-examination of an expert. The expert is forensic pathologist Doctor Tatsuo Kumagai, known to his friends as “Ted” and to others as “Painless.” Doctor Kumagai is called to testify in the murder trial of chief assistant prosecutor [...]