case evaluation, trial preparation, and how to manage a

Case Evaluation,

Trial preparation,

and how to manage a

caseload

Drew Healy, ADA

DVSA - Special Victims Unit

Dekalb County District Attorney

Triage

Start with the end in mind.

Prepare for the long haul.

Remember it’s your case NOW.

Who is your team?

Case file

Case analysis

Charging

Pretrial matters

Trial

What are things to look at:

Know Your Office Policies:

Know Your Courtroom:

Case file:

Building out a file:

Things you need to do

NOW:

GBI

GBI

CASE FILE:

Case file

Case analysis

Charging

Pretrial matters

Trial

CASE ANALYSIS:

• Factual theory

• Legal theory

• Theme

CASE ANALYSIS:

• What do I have?

• How do I prove it?

(admissible evidence)

• How will I argue it?

• What will jurors think of it?

Case file

Case analysis

Charging

Pretrial matters

Trial

CHARGING:

Don’t charge it if you

don’t want to be

in front of a jury arguing it.

CHARGING:

• Statutes that apply

• Case law that applies

• Jury instructions

CHARGING:

• Read statute and

surrounding code

sections

• Additional elements →

different sentencing

Aggravated Battery

O.C.G.A. 16-5-24

(a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by

rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.

O.C.G.A. § 16-5-24

Case law

§ 2.22.31 Battery, Aggravated; Malice Defined

Malice is not ill will or hatred. For the purpose of this code section, malice

means an actual intent to cause the particular harm produced (that is, bodily

harm) without justification or excuse.

Malice is also the wanton and willful doing of an act with an awareness of a

plain and strong likelihood that such particular harm may result.

Intention may be shown by the circumstances connected with the offense.

2 Ga. Jury Instructions - Criminal § 2.22.31

CHARGING:

• Accusations v Indictment – HB 635

• Indicted cases – Reindict?

• Grand jury time is limited!

• *Office policy*

CHARGING CONSIDERATIONS:

• CASES ARE NOT GETTING BETTER

• Jail cases – 90 days

• Juvenile cases – 180 days

• Statute of limitations

• Charge while waiting on evidence?

• Demurrer

CHARGING:

How will I prove/defend this?

How will it sound being read?

What will I argue on closing?

Case file

Case analysis

Charging

Pretrial matters

Trial

CASE IS CHARGED:

So how do I move it?

ARRAIGNMENT:

• Offers before arraignment - contact

Defense

• Document your offers!

• What are your Judge’s expectations?

• Cases that need victim notification

• Restitution amounts

THINGS TO FILE:

• Discovery disclosures / Opt in

• Notice of alibi

• Recidivist notice

• 404(b) notice

• Rape shield

• Motions in limine

DON’T REINVENT THE WHEEL:

• Keep a bank of motions/orders

• Motions to suppress

• Jackson-Denno

• Case law

• Powerpoints

• Expert directs

AGGRESSIVE MOTIONS PRACTICE:

• Know the lay of the land

• Help encourage pleas

• Affects your case theory

• Protects victims

DON’T BACK DOWN:

• Don’t be afraid to try a case

• Promotes early pleas

• Reduces cases you’ll have to

prepare

• Your credibility depends on it!

• (But there are exceptions)

THINGS THAT CAN HELP:

• Setting a drop dead date –week before

• Deciding best strategy for negotiating

• Non-negotiated pleas

• Defendant can waive

right to withdraw pleaBlackwell v. State, 299 Ga. 122 (2016)

GETTING READY FOR TRIAL:

• Get your witnesses - Conflicts

• Order of proof

GETTING READY FOR TRIAL:

• Get your witnesses

• Order of proof

• Exhibit list

GETTING READY FOR TRIAL:

• Get your witnesses

• Order of proof

• Exhibit list

• Voir Dire

Anyone had to report an allegation of domestic violence

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Anyone known a person, including yourself, been the victim of a crime involving a firearm

or domestic violence

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GETTING READY FOR TRIAL:

• Get your witnesses

• Order of proof

• Exhibit list

• Voir Dire

• Jury Charges

GETTING READY FOR TRIAL:

• Get your witnesses

• Order of proof

• Exhibit list

• Voir Dire

• Jury Charges

• Motions

GETTING READY FOR TRIAL:

• Get your witnesses

• Order of proof

• Exhibit list

• Voir Dire

• Jury Charges

• Motions

• Closing Powerpoint

• Not beyond all doubt

•Not to a mathematical certainty

• Doubt of a fair-minded, impartial juror honestly seeking the truth

Common sense and reason

BEYOND A REASONABLE DOUBT:

The State needs to prove the elements of the crimes charged.

Nothing else.

Your job is to seek the truth.

Not search for doubt.

“Somebody needs to tell Ansley to change her

story because she is sending Uncle Gary to jail.”

August

2015

December

2016

WHAT AYDE

SAW

DNA

DISCLOSURES

Start with the end in mind.

Prepare for the long haul.

Remember it’s your case NOW.

When you get what you want in your struggle for self

And the world makes you king for a day

Just go to the mirror and look at yourself

And see what that man has to say.

Thank you!

Drew Healy

Amhealy@dekalbcountyga.gov

404-275-7638