La. Admin. Code tit. 22, § XV-1133 - Preparation for Challenging the Prosecution's/ Agency's Case
A. Counsel should
attempt to anticipate weaknesses in the prosecution's case and consider
researching and preparing corresponding motions to dismiss.
B. Counsel should consider the advantages and
disadvantages of entering into factual stipulations concerning the
prosecution's case .
C. In preparing
for cross-examination, counsel should be familiar with the applicable law and
procedures concerning cross-examinations and impeachment of witnesses. In order
to develop material for impeachment or to discover documents subject to
disclosure, counsel should be prepared to question witnesses as to the
existence of prior statements which they may have made or adopted.
D. In preparing for cross-examination,
counsel should:
1. consider the need to
integrate cross-examination, the theory of the defense and closing
argument;
2. consider whether
cross-examination of each of the individual witnesses is likely to generate
helpful information;
3. anticipate
those witnesses the prosecution might call in its case -in-chief or in
rebuttal;
4. consider a
cross-examination plan for each of the anticipated witnesses;
5. be alert to inconsistencies in a
witnesses' testimony;
6. be alert
to possible variations in witnesses' testimony;
7. review all prior statements of the
witnesses and any prior relevant testimony of the prospective
witnesses;
8. have prepared a
transcript of all audio or video tape recorded statements made by the
witnesses;
9. where appropriate,
review relevant statutes and local police policy and procedure manuals,
disciplinary records and department regulations for possible use in
cross-examining police witnesses;
10. be alert to issues relating to witnesses'
credibility, including bias and motive for testifying; and
11. have prepared, for introduction into
evidence, all documents which counsel intends to use during the
cross-examination, including certified copies of records such as prior
convictions of the witnesses or prior sworn testimony of the
witnesses.
E. Counsel
should consider conducting a voir dire examination of potential prosecution
witnesses who may not be competent to give particular testimony, including
expert witnesses whom the prosecutor may call. Counsel should be aware of the
applicable law of the jurisdiction concerning competency of witnesses in
general and admission of expert testimony in particular in order to be able to
raise appropriate objections.
F.
Before beginning cross-examination, counsel should ascertain whether the
prosecutor has provided copies of all prior statements of the witnesses as
required by applicable law. If counsel does not receive prior statements of
prosecution witnesses until they have completed direct examination, counsel
should request adequate time to review these documents before commencing
cross-examination.
G. Where
appropriate, at the close of the prosecution's case , counsel should move for a
finding that the child is not in need of care. Counsel should request, when
necessary, that the court immediately rule on the motion, in order that counsel
may make an informed decision about whether to present a defense
case .
Notes
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