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Tag Archives: Paul Mark Sandler

Opening statements: A perspective

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The theoretical purpose of the opening statement is to present to the judge or jury the evidence you plan to present during the trial. All this, but without arguing. Argument is reserved for closing, after the evidence has been presented ...

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These Maryland Rules need changes

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If you were presenting expert testimony pursuant to Md. Rule 5-702 before the landmark opinion Rochkind v. Stevenson, 471 Md. 1 (2020), you were proceeding under the Frye-Reed standard for admissibility of scientific evidence. (The opinion must be generally accepted ...

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A perspective on direct examination

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Direct examination is the heart of the trial. It is also your greatest challenge. You must avoid leading questions used in cross-examination, and ask open-ended questions, meaning that unlike other parts of the trial, you have no control. The interchange ...

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Luther Martin, among Md.’s finest lawyers

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Luther Martin (1748-1826) was one of the most distinguished lawyers in Maryland history and among the most distinguished lawyers in U.S. history. Chief Justice William H. Rehnquist, in his book “Grand Inquests: The Historic Impeachments of Justice Samuel Chase and ...

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Thurgood Marshall, a great trial lawyer

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Outstanding advocates of the past, with determination and courage, paved the way for lawyers today. They enhanced the enthusiasm, and skill of their contemporaries, and they can do the same for us. Thurgood Marshall (1908-1993) was born in Baltimore and ...

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Oral argument tips from top Md. judges

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Remember the wise words of the great appellate advocate John W. Davis: If fish could talk, no one would ask an angler how to catch a fish. But judges can talk. So let’s go straight to our judges on how ...

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Appellate brief writing tips from top Md. judges

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The primary function of the appellate court is to consider errors of law committed by the trial judge. Advocacy in the appellate court is an art unto itself. John W. Davis, Esq., a great appellate advocate, once remarked that if ...

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He instilled ‘presumption of innocence’ into law

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English barrister William Garrow was remarkable for his skill in the courtroom and for his contributions to the development of the adversary system of trial as we know it today. He is known for his “extensive growth of the adversarial ...

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