Appeals & Post-Conviction

Appeals & Post-Conviction

Tuesday, August 25, 2015

Kansas City Irish Fest, Sept 4-6, 2015

Kansas City Irish Fest Labor Day Weekend At Crown Center

With over 30 bands on seven stages, heritage workshops and displays, comedy, genealogy, a massive children's area and so much more, there is no better way to celebrate Celtic Pride in Cowtown than Kansas City Irish Fest!

Tuesday, August 18, 2015

Recurring Issues - Installment 2:

Lawyers often ask me, "What issues do you see trial attorneys missing the most during their trials?"  It seems that lately, I am evaluating several cases which contain many of the same issues repeatedly overlooked by defense counsel.  Last installment, we discussed the concept of "hearsay" and missed objections to it.  In this installment, I offer commentary on another evidentiary issue arising in trials all over the country:

"Junk science" - Prosecutors, especially in sex offense cases, are proffering more and more "soft science" as though it is irrefutable fact.  The biggest examples are "forensic interviewers" and "family therapists."  Prosecutors bring these people in to testify that these professionals are "experts" who interviewed the purported victims, and can assure jurors that the purported victims have exhibited no tell-tale signs of deception.  Stated bluntly, these witnesses are being offered up as human polygraph machines, without credentials recognized by established universities which offer degrees in widely recognized and accredited subjects.  In other words, the opinions of these "forensic interviewers" and "family therapists" are loosely based on subjective and unverified social theory, which means that the basis underlying these opinions is "junk science."  (The rules pertaining to the admissibility of opinion testimony are complex.  The best way for a defense attorney to oppose this evidence is to conduct a vigorous cross-examination of the purported expert, exposing that there are no valid and universally accepted objective scientific studies backing up the conclusions that they are providing to jurors.  The most effective way to develop this cross-examination is through preparation before trial of a thorough and exhaustive outline of specific questions, deriving from basic scientific principles including "control groups" and "variable identification/ elimination."  Exposing that the "expert" doesn't know of any studies and/or how they were conducted can support a later objection wherein the lawyer asks for the jury to be instructed that the expert's testimony is unsupported and stricken from the record.)

If you have a family member or friend fighting the battle against a wrongful conviction, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

Tuesday, August 11, 2015

Arts and Crafts Festival 2015

Arts and Crafts Festival 2015
Aug. 21 and 22nd @ 6pm
Arts and Crafts Festival 2015 Screenland Armour's annual celebration of all things beer, music, movies and art!



Thursday, August 6, 2015

Recurring Issues - Installment 1:

Lawyers often ask me, "What issues do you see trial attorneys missing the most during their trials?"  It seems that lately, I am evaluating several cases which contain many of the same issues repeatedly overlooked by defense counsel.  In the next few installments, I will identify some of these:

"Hearsay" - These are statements uttered outside of the courtroom by someone who is not on the witness stand.  They are offered into evidence to prove something critical to the ongoing trial, i.e., "the statement is being offered for the truth of the matter asserted."  An example would be in a car accident trial, when a police officer testifies that a bystander on the sidewalk remarked that the defendant was the one who ran the red light, causing the collision.  The bystander's remark, as relayed to the jury by the officer, is "hearsay" because the bystander is not the one testifying, and the statement wasn't made in court when it was uttered.  (The rules pertaining to hearsay are much more complicated and varied.  My only point here is that hearsay statements seem rampant in trial transcripts I'm evaluating in appellate and post-conviction litigation, and lawyers are not objecting to them properly.)

If you have a family member or friend fighting the battle against a wrongful conviction, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.