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NCJ Number
Trial Volume: 29 Issue: 3 Dated: (March 1993) Pages: 58-62
B L Cook Sr; J F Wyatt III
Date Published
5 pages
Because criminal cases are won after appeal as often as at the conclusion it is crucial for defense attorneys to preserve the trial record properly.
Thus, when defending a criminal case, they should undertake thorough legal research and fact preparation as soon as possible. The Federal Rules of Criminal Procedure also require that certain motions be filed before trial or be waived forever. These include defenses and objections based on jurisdictional defects and defects in the indictment, motions to suppress, requests for discovery, and requests for the severance of charges or defendants. The legal research should include a review and index of cases granted certiorari by the United States Supreme Court, dissenting opinions from denials of certiorari, and slip opinions from local circuits. The attorney should also subscribe to several legal publications and review relevant articles. They should also recognize then preparing the best record for appeal may conflict with winning the case at trial. In addition, they also need to develop an effective appellate strategy. Overall, the prerequisites for successfully preserving the record for appeal are thorough legal research, flexibility in approaching a case, and technical accuracy in making objections or offers of proof. Examples and 11 reference notes