Syndication Updates for 2009-02-22 Michael Peters 16 years ago 9:56pm mdpeters posted 170 items. (Hide Details) Impossibility Motion for change of venue—Based on publicity FN10 Witnesses testifying as to documents Preemption Motion challenging method of choosing jury Use of computer security consultants, EDP auditors, and computer professionals FN9 Motion to reduce charge Subjects of discovery; checklist Arraignment; Pleas; Continuance of Case in general Other defense witnesses; alleged codefendants Prosecution’s need to prove elements of crime Dealing with difficult technical information FN23 Preliminary Tactics in general Motion to furnish daily transcript Defense motion to dismiss charges Statute of limitations Motion to exclude computer-generated evidence—Laying business record exception foundation Investigating the Scene of Crime in general Witness preparation—Expert witnesses Use of independent laboratory tests Motion for change of venue Avoiding generalization based on appearance Obtaining information about alleged codefendants; checklist Other motions Outline of issues involving search and seizure—Pursuant to warrant Collecting or securing payment of fee Reconstructing the crime FN7 Motion to limit trial publicity Uncertainty as to effect of case on a jury Objecting to computer-generated evidence Alibi The Defense of a Computer Crime Case Timing of plea bargain request Opening statement for prosecution Informing client of special costs Insanity Lack of consensus about sentencing white-collar criminals Cross-examination of prosecution witnesses for the Prosecution Separate trial Likelihood of light sentencing; equities favoring defendant Drafting instructions to jury—Alteration with intent to injure or defraud Motion to exclude computer-generated evidence—Best evidence rule Defense Summation in general Conferring with probation officer FN12 Drafting instructions to jury—key terms Defense discovery options FN21 Motion to dismiss charge Motion to suppress illegally obtained evidence Proceedings After Trial in general FN18 Experts Using electronically obtained evidence Police reports of the computer crime In general; timing the appearance of defense witnesses Intent Drafting instructions to jury—Taking, transferring, concealing, or retaining Proceedings by Way of Preliminary Hearing in general Return of exhibits FN5 Proving invasion of privacy Factors affecting amount of fee Discrediting expert witnesses Plea bargain issues FN16 Determining the plea Cross-examination of prosecution witnesses Appearance of defendant before the grand jury FN15 Motion in limine Motion to exclude computer-generated evidence—Hearsay rule FN4 Drafting instructions to jury—Computer damage Authority Notice of defenses Introductory remarks to veniremen FN26 Motion for a continuance Opening Statements in general Motion to exclude computer-generated evidence FN25 Minors as defense witnesses Trial brief Determining Defenses in general Presentation of the defense case Examining Police Reports, Records, and Photographs in general Putting client at ease Proving computer theft Drafting instructions to jury—Computer theft—access Evidence presented to the grand jury Seating arrangement in courtroom FN17 Use of photographs and motion pictures FN14 Alibi witnesses Presence and effect of pretrial publicity Waiver or assertion of right to speedy trial Deciding on the plea Jurors’ views toward computers Law enforcement witnesses for the Prosecution Application of forensics to computers Proving computer damage Evaluating defendant as a witness Observing jury reaction to questioning by prosecutor FN19 FN3 Motion for mistrial FN8 Sentencing hearing—illustrative argument and response Determining client’s ability to pay fee FN6 Identity Motion challenging the admissibility of computer-generated evidence Accountant witnesses Uncertainty as to applicability of the law Evaluating defendant’s attitude toward computer victim Illustrative summation In general; locating witnesses Use of private investigators Entrapment Defendant as a witness Factors determining extent of cross-examination Plea bargain checklist Outline of issues involving search and seizure—First Amendment issues Advising client of attorney-client privilege Impeaching witnesses granted immunity; minors Evaluating defendant’s version of facts Proceedings Before Grand Jury in general Exclusion of witnesses and the press during testimony Proving computer trespass FN24 In general; burden of proof Tape recording initial client interview Persuading defendant to accept plea bargain Motion to suppress confession Difficulties in the admissibility of evidence Witness preparation—in general Character witnesses Law enforcement witnesses Motion to exclude nontestifying witnesses from courtroom Voir-dire questions checklist Fingerprints and handwriting FN20 In general; obtaining lesser charge Former jeopardy Interviewing witnesses Client interview checklist Opening statement for defense Dealing with reluctant witnesses FN13 Civil consequences of plea or finding of guilt Outline of issues involving search and seizure—The computer user’s expectation of privacy FN11 Outline of issues involving search and seizure—Not pursuant to warrant Preliminary Matters in general Selecting the Jury in general Discovery in general Use of discovery FN22 Motion to suppress illegally obtained evidence; checklist Demurrer to complaint; pleas The possibility of restitution Eliciting promise to require independent conviction by each juror Fees and Costs in general Discrediting expert witnesses—Illustrative cross-examination of systems analyst
