Massachusetts Courtroom Advocacy

A comprehensive guide to a challenging practice

Product Number: 2236659WFM
Publication Date: 11/3/2023
Edition: 5th Edition 2023
Copyright: © 2023 MCLE, Inc.
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Massachusetts Courtroom Advocacy

A comprehensive guide to a challenging practice

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Common Objections and Issues in the Use of Digital Photography Checklist 7.4 from Massachusetts Courtroom Advocacy $15.00; Members $13.50; New Lawyers $7.50 Free for OnlinePass subscribers.

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Product Description
Product Description

This focused practice manual is a guide to the substantive law, procedural requirements, and practical strategies necessary for handling sex offense cases. It addresses topics as they arise during the course of the lawyer's development of the case, from the essential elements of the prosecution's case-in-chief through the collateral consequences of a conviction. Applicable statutes, available defenses, investigation and discovery, pretrial motions, voir dire, and trial issues are all addressed in detail.

Recent updates:
- Update: January 2025
  Dear Subscriber:
  
  Thank you for purchasing the latest edition of Trying Sex Offense Cases in Massachusetts . Inside, you will find hundreds of points of new material, on topics including the following:
  - Sexual misconduct by health-care providers and the clergy. See chapter 1 for new material pertaining to G.L. c 265, § 22D, which came into effect November 6, 2024. The new section criminalizes sexual misconduct by health-care providers and clergy. Subsection 22D(a) defines the term "health care provider". The four elements of the crime are set forth.
  - Other sexual allegations. See chapter 2 for a discussion of the rape shield law. The chapter addresses, in particular, admissibility of allegations of sexual abuse as long as such allegations bear sufficiently unusual similarities to the allegations in the present case that their repetition suggests that the complainant may be drawing from the prior allegations to fabricate the new ones. A 2024 decision is cited.
  - Statutory rule of exclusion of evidence. Chapter 4 discusses a 2024 decision where it was noted that a defendant's constitutional right to put forth a defense outweighs the interests underlying the rape-shield statute provided that the defense theory for introduction of the evidence is more than mere hope or speculation.
  - Competency of alleged victim. See chapter 6 for a citation of a decision addressing the constitutionality of the trial court's refusal to permit a defendant charged with sexually abusing minor to cross-examine the complainant about statements concerning purported sexual abuse by a third party.
  - DNA. Chapter 7 discusses probabilistic genotyping as part of the analysis and interpretation of DNA profiles, and calculation of a "likelihood ratio" that expresses the DNA results by comparing the prosecution's hypothesis and the defense hypothesis. The chapter provides explanation regarding this sort of analysis and interpretation.
  We at MCLE trust that you will find this new content valuable in your practice and library.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

An Introduction to Trial Advocacy
Buy Chapter
Robert J. Muldoon, Jr., Esq.,

Chapter 02 expand

Preparing for Civil Trial in Massachusetts
Buy Chapter
John Kenneth Felter, Esq.,

Checklist 2.1
- Witness Preparation Checklist Buy Form

Checklist 2.2
- Questions to Ask About the Judge Who Will Preside Over Your Upcoming Trial Buy Form

Checklist 2.3
- Sample Objection Reference Sheet Buy Form

Exhibit 2A
- Sample Trial Budget Buy Form

Exhibit 2B
- Massachusetts Superior Court Seventh Amended Standing Order 1-88 (“Time Standards”) Buy Form

Exhibit 2C
- Sample Trial Task List and Schedule Buy Form

Exhibit 2D
- Sample Exhibit List Buy Form

Exhibit 2E
- Sample Order of Proof Chart Buy Form

Exhibit 2F
- Sample Motion for a View Buy Form

Exhibit 2G
- Sample Motion to Conclusively Establish Facts Based upon Judicial Admissions Buy Form

Exhibit 2H
- Sample Motion to Exclude Character Witnesses Buy Form

Exhibit 2I
- Sample Trial Memorandum on Leading Questions Buy Form

Exhibit 2J
- Bibliography Buy Form

Chapter 03 expand

Jury Selection
Buy Chapter
Joseph D. Lipchitz, Esq., Saul Ewing LLP
Kelsey M. Westrich, Esq., Saul Ewing LLP

Chapter 04 expand

Opening Statement
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Michael B. Keating, Esq., Meehan, Boyle, Black & Bogdanow, PC

Chapter 05 expand

Introduction of Evidence
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Andrew R. Levin, Esq., ArentFox Schiff LLP

Checklist 5.1
- Practical Suggestions for Organizing Your Presentation of Evidence Buy Form

Chapter 06 expand

Objections
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Jeffrey C. Melick, Esq.,

Exhibit 6A
- Common Objections to Documentary Evidence Buy Form

Exhibit 6B
- Some Common Objections to Testimony Buy Form

Chapter 07 expand

Direct Examination
Buy Chapter
Carol A. Starkey, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP

Checklist 7.1
- Common Pretrial Issues in Criminal Cases Buy Form

Checklist 7.2
- Rules for Witnesses Facing Cross-Examination Buy Form

Checklist 7.3
- Preparing Your Witness for Trial Buy Form

Checklist 7.4
- Common Objections and Issues in the Use of Digital Photography Buy Form

Checklist 7.5
- Common Objections and Issues: Use of Video Buy Form

Checklist 7.6
- Common Objections and Issues: Points of View in Computer Simulations Buy Form

Checklist 7.7
- Common Objections and Issues: Illustrative Aids in General Buy Form

Exhibit 7A
- Proposed Model Jury Instructions on the Use of Technology and Social Media Buy Form

Exhibit 7B
- Sample Exhibit List Buy Form

Chapter 08 expand

Cross-Examination
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David L. Ferrera, Esq., Nutter McClennen & Fish LLP

Exhibit 8A
- Resources Buy Form

Chapter 09 expand

Examination of Experts
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Audrey Poore Joyce, Esq., Jones Kelleher LLP

Exhibit 9A
- Suggested Forms for Opinion Questions Buy Form

Chapter 10 expand

Closing Argument—Plaintiff’s Perspective
Buy Chapter
Stacey L. Pietrowicz, Esq., Sugarman and Sugarman, PC

Exhibit 10A
- Closing Argument Excerpt: Sympathy Versus Justice Buy Form

Exhibit 10B
- Closing Argument Excerpt: Numerous Ways Injury Could Have Been Prevented Buy Form

Exhibit 10C
- Closing Argument Excerpt: Defendant’s Motive in Medical Negligence Case Buy Form

Exhibit 10D
- Closing Argument Excerpt: “Saving Something for Closing” Buy Form

Exhibit 10E
- Closing Argument Excerpt: Contradictions in Defense Theory Buy Form

Exhibit 10F
- Closing Argument Excerpt: Damages for Permanent Disability Buy Form

Exhibit 10G
- Closing Argument Excerpt: Damages in Death Case Buy Form

Exhibit 10H
- Closing Argument Excerpt: Defendants Blaming Each Other and Plaintiff Buy Form

Chapter 11 expand

Closing Argument—Defendant’s Perspective
Buy Chapter
William J. Dailey, III, Esq., Sloane and Walsh LLP
Gail M. Ryan, Esq., Sloane and Walsh LLP
John P. Ryan, Esq., Sloane and Walsh LLP

Checklist 11.1
- "Do’s” and “Don’ts” for Closing Argument Buy Form

Exhibit 10I
- Closing Argument Excerpt: Products Liability (Unguarded Machine) Buy Form

Chapter 12 expand

Trial Motion Practice
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Jeffrey C. Melick, Esq.,

Chapter 13 expand

Damages—Plaintiff’s Perspective
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Michael B. Bogdanow, Esq., Meehan, Boyle, Black & Bogdanow, PC
Robert Foster, Esq., Meehan, Boyle, Black & Bogdanow, PC

Chapter 14 expand

Damages—Defendant’s Perspective
Buy Chapter
Stephen M. O'Shea, Esq., Martin, Magnuson, McCarthy & Kenney

Checklist 14.1
- Checklist for Deposition of Plaintiff Buy Form

Exhibit 11A
- Examples of Closing Argument Buy Form

Exhibit 14A
- Letter, Application for Court Order, and Proposed Court Order Pursuant to Superior Court Rule 13 Buy Form

Exhibit 14B
- Notice Letter to Counsel and Keeper of Records Subpoena for Medical Records Buy Form

Exhibit 14C
- Notice Letter to Counsel and Keeper of Records Subpoena for Health Insurance Records Buy Form

Exhibit 14D
- Subpoena for 30(b)(6) Deposition of Plaintiff’s Employer Buy Form

Exhibit 14E
- Keeper of Records Subpoena to Workers’ Compensation Insurer Buy Form

Chapter 15 expand

Trial Advocacy in Criminal Defense
Buy Chapter
Cathleen L. Bennett, Esq.,
Matthew J. Fleischner, Esq., Committee for Public Counsel Services

Checklist 15.1
- Step-by-Step Checklist: Prepare to Be an Effective Advocate for Your Defendant-Client at Trial Buy Form

Chapter 16 expand

Mediation and Arbitration
Buy Chapter
Joseph S. Berman, Esq.,
Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers
Editors & Authors

Editor(s)

David L. Ferrera, Esq., Nutter McClennen & Fish LLP, Boston

Author(s)

Cathleen L. Bennett, Esq.,

Joseph S. Berman, Esq., Boston

Michael B. Bogdanow, Esq., Meehan, Boyle, Black & Bogdanow, PC, Boston

William J. Dailey, III, Esq., Sloane and Walsh LLP, Boston

John Kenneth Felter, Esq.,

Matthew J. Fleischner, Esq., Committee for Public Counsel Services, Springfield

Robert Foster, Esq., Meehan, Boyle, Black & Bogdanow, PC, Boston

Michael B. Keating, Esq., Meehan, Boyle, Black & Bogdanow, PC, Boston

Andrew R. Levin, Esq., ArentFox Schiff LLP , Boston

Joseph D. Lipchitz, Esq., Saul Ewing LLP, Boston

Jeffrey C. Melick, Esq.,

Robert J. Muldoon, Jr., Esq.,

Stephen M. O'Shea, Esq., Martin, Magnuson, McCarthy & Kenney, Boston

Stacey L. Pietrowicz, Esq., Sugarman and Sugarman, PC, Boston

Audrey Poore Joyce, Esq., Jones Kelleher LLP, Boston

Gail M. Ryan, Esq., Sloane and Walsh LLP, Boston

John P. Ryan, Esq., Sloane and Walsh LLP, Boston

Carol A. Starkey, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP, Boston

Kelsey M. Westrich, Esq., Saul Ewing LLP, Boston

Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston

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Massachusetts Courtroom Advocacy

A comprehensive guide to a challenging practice

Massachusetts Courtroom Advocacy

A comprehensive guide to a challenging practice

Your Selection:

Product Description

Recent updates:

Table of Contents

An Introduction to Trial Advocacy

Preparing for Civil Trial in Massachusetts

Checklist 2.1

Checklist 2.2

Checklist 2.3

Exhibit 2A

Exhibit 2B

Exhibit 2C

Exhibit 2D

Exhibit 2E

Exhibit 2F

Exhibit 2G

Exhibit 2H

Exhibit 2I

Exhibit 2J

Jury Selection

Opening Statement

Introduction of Evidence

Checklist 5.1

Objections

Exhibit 6A

Exhibit 6B

Direct Examination

Checklist 7.1

Checklist 7.2

Checklist 7.3

Checklist 7.4

Checklist 7.5

Checklist 7.6

Checklist 7.7

Exhibit 7A

Exhibit 7B

Cross-Examination

Exhibit 8A

Examination of Experts

Exhibit 9A

Closing Argument—Plaintiff’s Perspective

Exhibit 10A

Exhibit 10B

Exhibit 10C

Exhibit 10D

Exhibit 10E

Exhibit 10F

Exhibit 10G

Exhibit 10H

Closing Argument—Defendant’s Perspective

Checklist 11.1

Exhibit 10I

Trial Motion Practice

Damages—Plaintiff’s Perspective

Damages—Defendant’s Perspective

Checklist 14.1

Exhibit 11A

Exhibit 14A

Exhibit 14B

Exhibit 14C

Exhibit 14D

Exhibit 14E

Trial Advocacy in Criminal Defense

Checklist 15.1

Mediation and Arbitration

Editor(s)

Author(s)