case evaluation, trial preparation, and how to manage a
TRANSCRIPT
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.
