#error preservation

Error preservation is one of the most important trial skills a trial attorney must master to represent a defendant effectively. There is no greater tragedy than having an appellate court lament that the issue raised on appeal would be a valid, reversible error (meaning it gets the defendant a new trial), but for the fact that the trial attorney failed to object at trial properly. At this point,…

        A predicate question is necessary to make evidence admissible. The predicate is a set of questions that is asked of a witness on the stand. In general terms, the witness must be able to appropriately and sufficiently answer certain questions to make the evidence admissible.         Basically, the witness must testify under oath and can adequately recall the subject matter. The witness…

Can’t Make the Sick Chicken Better

This week was a rough week for appellate outcomes for a few appeals where I wrote the briefs. I learned a long time ago – sometimes you just cannot make the sick chicken better and it sucks for the clients who had less than optimal representation at the trial level or had good appellate issues that the appellate court simply punted on (because they can). Elections have consequences – and this…

Once More Unto the Breach: A Basic Understanding of Direct Criminal Appeals

I often hear from people recently convicted, “I want to appeal. The State did me wrong. I went with so-and-so as my defense attorney, and they did nothing to defend me. And there was no evidence to convict me. You’ve got to help me.” While this may or may not be true, the sad truth is this: if you were convicted at trial and were represented by an inexperienced or ignorant or unskilled or lazy…

Don’t Forget the Motion for New Trial: a Short Primer on Its Use in Criminal Court

The trial is over. Unfortunately, the jury found guilt beyond a reasonable doubt. What’s next? Some attorneys would say sentencing and they would be half correct. But, if the criminal defense attorney knows what they are doing and fully understands criminal and appellate procedure, then the next step before sentencing is to file a motion for new trial. Fla. R. Crim. P. 3.580, 3.590,[i] and 3.600…

Make the Objection and Preserve the Error

The margin for error in a criminal trial is often razor slim. Putting aside the usual uphill battle concerning the facts and discouraging public sentiment towards the accused, trial attorneys must have the wherewithal to make all the proper objections necessary to “preserve the record.” The “preserving the record” skill is paramount to being an exceptional criminal defense attorney. It is this…