Our long hot summer is half over as July comes to a sizzling conclusion this week, and not a moment too soon.
It was over 100 degrees in the Baltimore/DC area this weekend and temperatures approached 100 from Bahstan to NY and Phiily as the eastern seaboard baked under a summer temperature inversion.
We don't know all the facts, but it appears Judge Illona Holmes in Broward sentenced a former Police Officer to 60 days in jail for hitting and killing a pedestrian while driving at speeds that exceeded 90 MPH.
Mr. Markus seems to think that we're "picking a fight" with him over the issue of whether an attorney should ever promise in opening statement to put his/her client on this stand.
We're not fighting, we're having a discussion. Here was part of Mr. Markus's response on his blog:
And I agree that in most cases, you can't make that promise. But you can't have hard and fast trial rules. Sometimes, it's worth taking that risk in opening. Every case is different, so I have only one rule of trial practice -- there are no hard and fast rules.
Rumpole says: Of course Mr. Markus is right. And while we can envision cases where it may seem advantageous to promise the jury that your client will testify, we stand by our prior analysis- the risk of the foundation of the trial changing during the testimony and forcing the attorney to go back on his/her promise is not worth the reward. But to quote the noted trial expert Felix Unger: "Legal minds may differ." And certainly who can argue with Mr. Markus's success?
But here is the master: