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Full-Text Articles in Evidence
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One., Sean O'Brien, Quinn O'Brien, Dana Cook
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One., Sean O'Brien, Quinn O'Brien, Dana Cook
Faculty Works
Professor and capital defense attorney Sean O’Brien, private investigator Quinn O’Brien, and mitigation specialist Dana Cook team up in this article to explain why the standard for competent defense investigation requires face-to-face, one-on-one, culturally competent client and witness interviews, and why short cuts to investigation, such as telephone calls or remote video links, are counter-productive, prone to failure, and constitute substandard work. Although the primary focus of this article is on standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work; there are persuasive arguments and authority that the …
Ethical Issues In Collaborative Lawyering, Barbara Glesner Fines
Ethical Issues In Collaborative Lawyering, Barbara Glesner Fines
Faculty Works
No abstract provided.
Commenting On Credibility In Kansas: A Constructive Criticism Of State V. Pabst, Steve Leben
Commenting On Credibility In Kansas: A Constructive Criticism Of State V. Pabst, Steve Leben
Faculty Works
In some respects, this is a cautionary tale about overruling precedent. The Kansas Supreme Court openly overruled its own thirty-two year old precedent in deciding State v. Pabst in 2000. Cautionary tales and precedents aside, this Article is primarily about how trials are conducted, and how much latitude an attorney should have in Kansas to talk directly to jurors in closing argument about all the issues-including witness credibility-that will decide the case. Pabst forced attorneys to change the way they conduct closing arguments. While the result in Pabst was right, the rationale the court used to support the decision was …