How to be a Prosecution/PD Gunner?

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lmr
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Re: How to be a Prosecution/PD Gunner?

Postby lmr » Fri Sep 06, 2013 9:59 pm

anon sequitur wrote:
lmr wrote:
attorney client privilege-basically da dismisses case based on not knowing something client tells me in the courtroom that the da is wrong. I'm supposed to shut up, right?


I got this hypo a few weeks ago in an interview, wonder if it's the same guy. Yeah, you shouldn't give up the client, but my take is that's just the surface level, they're also looking to see how you handle your relationship with the DA, judge, etc.


So follow up is da calls attorney next day and says how can i trust you again...answer-my duty is to client not da? I mean what the heck was i supposed to say?

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anon sequitur
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Re: How to be a Prosecution/PD Gunner?

Postby anon sequitur » Fri Sep 06, 2013 10:45 pm

lmr wrote:
So follow up is da calls attorney next day and says
how can i trust you again
...answer-my duty is to client not da? I mean what the heck was i supposed to say?


Got that exact phrase during my follow-up. Interesting. I basically said what you said, but my later conversation with interviewer suggested to me that he also wanted to know how you'd try to maintain civil relationships with DA/judge when your first duty is to your incorrigible clients.

lmr
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Re: How to be a Prosecution/PD Gunner?

Postby lmr » Sat Sep 07, 2013 1:15 am

anon sequitur wrote:
lmr wrote:
So follow up is da calls attorney next day and says
how can i trust you again
...answer-my duty is to client not da? I mean what the heck was i supposed to say?


Got that exact phrase during my follow-up. Interesting. I basically said what you said, but my later conversation with interviewer suggested to me that he also wanted to know how you'd try to maintain civil relationships with DA/judge when your first duty is to your incorrigible clients.


it was a female interviewer, as far as i know she's the only one that does the screener interviews for this office, I never came across this hypo before and she didn't press me about that answer so i didn't go into the whole importance about being professional/respectful w the DA...

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anon sequitur
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Re: How to be a Prosecution/PD Gunner?

Postby anon sequitur » Sat Sep 07, 2013 11:11 am

lmr wrote:
it was a female interviewer, as far as i know she's the only one that does the screener interviews for this office, I never came across this hypo before and she didn't press me about that answer so i didn't go into the whole importance about being professional/respectful w the DA...


I wouldn't sweat it, I'm sure that aspect is much less important than not giving up your client.

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Borhas
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Re: How to be a Prosecution/PD Gunner?

Postby Borhas » Sat Sep 07, 2013 3:35 pm

Treat hypos a little bit like essays

Recognize counter arguments and defeat them

"think outloud"

Balancing credibility w/ court (and to lesser extent w/ DAs) and duties to client, is a common theme

Void
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Re: How to be a Prosecution/PD Gunner?

Postby Void » Sun Sep 08, 2013 4:43 pm

adonai wrote: I think PD only has duty to hand over all discovery


What discovery material does a public defender have to hand over?

adonai
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Re: How to be a Prosecution/PD Gunner?

Postby adonai » Sun Sep 08, 2013 5:53 pm

Void wrote:
adonai wrote: I think PD only has duty to hand over all discovery


What discovery material does a public defender have to hand over?

". . . the defense also has the obligation to turn over some documents to the prosecutor, if they exist: names of witnesses the defendant intends to call to trial (typically in a witness list filed on the day of jury selection), written statements of any witnesses (which is why you never get a witness to write a statement) and reports by defense experts if and when the defense intends to have that expert testify at trial."

http://apublicdefender.com/2013/02/20/r ... e-have-to/

Short summary of defense discovery that needs to be handed over in jurisdictions that have a reciprocal discovery rule:

http://books.google.com/books?id=R2F3Ek ... 22&f=false

lmr
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Re: How to be a Prosecution/PD Gunner?

Postby lmr » Sun Sep 08, 2013 7:27 pm

Why is Colorado hiring so many PDs?

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941law
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Re: How to be a Prosecution/PD Gunner?

Postby 941law » Sun Sep 08, 2013 9:26 pm

Anyone heard about someone volunteering with the PD during 2L and so on?

The PD's office I want to work at is close to my school and I could easily "volunteer" there a couple days a week even with classes. I gotta assume I would mostly be observing with all things considered. I do not have my CLI, but will be starting my bar app soon.

lmr
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Re: How to be a Prosecution/PD Gunner?

Postby lmr » Mon Sep 09, 2013 1:32 am

941law wrote:Anyone heard about someone volunteering with the PD during 2L and so on?

The PD's office I want to work at is close to my school and I could easily "volunteer" there a couple days a week even with classes. I gotta assume I would mostly be observing with all things considered. I do not have my CLI, but will be starting my bar app soon.


I'm on my 5th semester interning w the local PD and I'm not that unusual-I know a bunch who will have three-six semesters by the time they graduate...

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941law
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Re: How to be a Prosecution/PD Gunner?

Postby 941law » Mon Sep 09, 2013 11:18 am

lmr wrote:
I'm on my 5th semester interning w the local PD and I'm not that unusual-I know a bunch who will have three-six semesters by the time they graduate...


what is your day to day like?

lmr
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Re: How to be a Prosecution/PD Gunner?

Postby lmr » Mon Sep 09, 2013 6:09 pm

941law wrote:
lmr wrote:
I'm on my 5th semester interning w the local PD and I'm not that unusual-I know a bunch who will have three-six semesters by the time they graduate...


what is your day to day like?


Work all day or until 3/4ish and then class. I have written motions, shadowed attorneys, argued motions, done prelims, interviewed clients, arraignments, etc. If you put enough time in a decent office and look for work, you'll get a great experience.

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BlueLotus
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Re: How to be a Prosecution/PD Gunner?

Postby BlueLotus » Mon Sep 09, 2013 10:18 pm

Anyone else working on EJW apps?

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Re: How to be a Prosecution/PD Gunner?

Postby Anonymous User » Mon Sep 09, 2013 10:28 pm

lmr wrote:Why is Colorado hiring so many PDs?


Legislature authorized the PD to take additional misdo cases and gave the funding bump to hire attorneys to handle those cases.

lmr
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Re: How to be a Prosecution/PD Gunner?

Postby lmr » Mon Sep 09, 2013 10:43 pm

Anonymous User wrote:
lmr wrote:Why is Colorado hiring so many PDs?


Legislature authorized the PD to take additional misdo cases and gave the funding bump to hire attorneys to handle those cases.


Thanks...so does that mean that newer attorneys are kind of stuck doing misdos for a while once the hiring surge ends?

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941law
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Re: How to be a Prosecution/PD Gunner?

Postby 941law » Mon Sep 09, 2013 11:15 pm

lmr wrote:
Work all day or until 3/4ish and then class. I have written motions, shadowed attorneys, argued motions, done prelims, interviewed clients, arraignments, etc. If you put enough time in a decent office and look for work, you'll get a great experience.


how were you able to argue motions?

lmr
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Re: How to be a Prosecution/PD Gunner?

Postby lmr » Tue Sep 10, 2013 12:32 am

941law wrote:
lmr wrote:
Work all day or until 3/4ish and then class. I have written motions, shadowed attorneys, argued motions, done prelims, interviewed clients, arraignments, etc. If you put enough time in a decent office and look for work, you'll get a great experience.


how were you able to argue motions?


I live in a state where law students can speak in once they enroll in evidence (obviously under the supervision of an attorney).

adonai
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Re: How to be a Prosecution/PD Gunner?

Postby adonai » Tue Sep 10, 2013 1:09 am

lmr wrote:
941law wrote:
lmr wrote:
Work all day or until 3/4ish and then class. I have written motions, shadowed attorneys, argued motions, done prelims, interviewed clients, arraignments, etc. If you put enough time in a decent office and look for work, you'll get a great experience.


how were you able to argue motions?


I live in a state where law students can speak in once they enroll in evidence (obviously under the supervision of an attorney).

I always found it interesting that some PD offices allow certified law students argue in court...I'd imagine there would be a crap load of IAC claims later down the line, frivolous or not.

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kapital98
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Re: How to be a Prosecution/PD Gunner?

Postby kapital98 » Tue Sep 10, 2013 2:12 am

adonai wrote:I always found it interesting that some PD offices allow certified law students argue in court...I'd imagine there would be a crap load of IAC claims later down the line, frivolous or not.


I'm surprised people want to intern more than 1-2 semesters at a PD's office. By that time you should have networked pretty well. You won't have much to gain by continuing to work there.

Regarding the IAC claims, yes but that's pretty much the default argument for every criminal appeal. I externed for an appellate justice and most criminal appeals were either centered on IAC or added it in at the end. By the end of the externship I wanted to do an eye roll every time I saw this argued.

Anonymous User
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Re: How to be a Prosecution/PD Gunner?

Postby Anonymous User » Tue Sep 10, 2013 8:02 am

Do you think applying to LAS directly is better than applying to them at EJW? Does it make a difference? Thoughts?

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spleenworship
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Re: How to be a Prosecution/PD Gunner?

Postby spleenworship » Tue Sep 10, 2013 3:36 pm

BlueLotus wrote:Anyone else working on EJW apps?


Yeah. 3 more to go.

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spleenworship
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Re: How to be a Prosecution/PD Gunner?

Postby spleenworship » Tue Sep 10, 2013 4:05 pm

Just got email. Extended deadline for EJW. 16th now.

gr8scOtt!
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Re: How to be a Prosecution/PD Gunner?

Postby gr8scOtt! » Tue Sep 10, 2013 4:27 pm

^ I didn't get that email!

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AreJay711
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Re: How to be a Prosecution/PD Gunner?

Postby AreJay711 » Tue Sep 10, 2013 5:51 pm

I just nailed down an internship at a PD's office for the time between the bar and when my clerkship starts. Its definitely the most excited I've been to work for free in my life.

lmr
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Re: How to be a Prosecution/PD Gunner?

Postby lmr » Wed Sep 11, 2013 12:21 am

kapital98 wrote:
adonai wrote:I always found it interesting that some PD offices allow certified law students argue in court...I'd imagine there would be a crap load of IAC claims later down the line, frivolous or not.


I'm surprised people want to intern more than 1-2 semesters at a PD's office. By that time you should have networked pretty well. You won't have much to gain by continuing to work there.

Regarding the IAC claims, yes but that's pretty much the default argument for every criminal appeal. I externed for an appellate justice and most criminal appeals were either centered on IAC or added it in at the end. By the end of the externship I wanted to do an eye roll every time I saw this argued.


Won't gain much? So doing nearly 50 preliminary hearings and arguing a bunch of motions, interviewing a variety of clients and getting a chance at doing real life trials all before you actually even take the bar isn't gaining much?! Internships aren't just about networking but actually acquiring real life experience. As for IAC claims most of the valid ones stem from private attorney conduct, not public.




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