Username Post: Court question? Any lawyers here?
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01-12-18 11:03 AM - Post#1708838    
    In response to phantomenforcer

There is not enough information for me to answer with any confidence.

Trial lawyers make decisions about cross examination questions before the witness takes the stand. But that is all subject to change the moment the witness opens his or her mouth.

Cross exam is an art, not a science. I wouldn’t second guess the defense attorney without knowing his or her trial strategy.

Sometimes avenues of cross examination are closed by pre-trial court rulings (called motions in limine).

Sometimes the cross examiner would stay away from what appears to be obvious fruitful questions for strategy reasons,

For example, the witness may make a huge blunder on the placement or existence of evidence that is contradicted by documentary evidence from another witness.

The lawyer may like the bulk of the testimony of a witness because it falls in line with their theory of the case, and crossing the witness on issues that would call the witnesses observations into question undercut the theory of the case.

Sometimes trials are just long pleas of guilty. Defense attorneys may not have any reasonable means of winning the case, but cannot take the plea, or need to try the case to preserve appellate review, i.e., the judge made a huge blunder in pre-trial motions, like a motion to suppress evidence or a confession.

And it is perfectly reasonable to conclude that the defense lawyer is lazy, or stupid, or just doesn’t care.

In my experience that is the least likely circumstance.

Criminal defense attorneys are a breed apart, but it is rare for them to just phone it in.

“The greatest thing we can do just unite and love on each other and like, no barriers, no borders, like, we all need to just co-exist.”

- K. Perry

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