1. Direct Examination – an Introduction
   1. Definition of Direct Examination

   2. Intent

       

2. Direct Examination - Mechanics
   1. Plan and Identify
      1. What do I need to Convey?
      2. What Witnesses Can Convey Identified Information?
   2. Preparation of Witnesses
      1. Questions, Script, Outlines
   3. Federal Rule of Evidence 611(c)
   4. United States v. DeFiore, 720F.2d757, 764(2dCir. 1983)
   5. Problematic Phrases/Questions 

   6. Rhetorical tools for not leading

       

3. Direct Examination – Methods & Techniques
   1. Chronological
   2. Subject by Subject
   3. Looping
   4. Start with Specific – Work to the General
   5. The Value of Mantras
   6. Refreshing Recollection

   7. Past Recollection Recorded (Fed Rules Evid R 803(5) Recorded Recollection

       

4. Re-direct Examinations
   1. Mechanics

   2. Purposes

       

5. What Happens When/If You Forget to Ask ……on Direct Examination?
   1. Request Re-Opening Direct or Sliding In on Cross Exam
      1. Fed. R. Evid. 611(a) and United States v. Maddox, 944F.2d 1223,1230 (6^th Cir. 1991)

      2. United States v. Wilson 27F. 3d1126,1129 (6^th Cir. 1994). United States v. Blankenship, 775F.2d 734, 741(6^th Cir. 1985)

          

6. Tactical Considerations
   1. Anticipating opposing questions
   2. Avoiding Problematic Areas
   3. When to Bring Out Impeachment/Prior Bad Acts
   4. Don’t End with a Question Likely to Draw and Objection
   5. Solid Endings

PRESENTER:

MICHAEL HUNTER is a Partner in the Columbus office of Flannery Georgalis.  He is an experienced criminal and civil litigator with a deep understanding of federal criminal investigations, prosecutions, appellate, and forfeiture actions from his nearly 18 years of federal prosecutor experience. From his extensive prosecutorial and investigative experience, Michael is extremely experienced in defending federal wire fraud, money laundering, healthcare fraud, drug trafficking, child pornography, and federal firearms charges. Michael’s practice focuses on sensitive criminal matters in federal and state court, government and corporate internal investigations, state and federal regulatory and enforcement actions, and courtroom litigation at the trial and appellate level.

Immediately prior to joining Flannery | Georgalis, Michael was a Deputy Criminal Chief and Assistant U.S. Attorney in Southern District of Ohio, serving in the Organized Crime Drug Enforcement Task Force. For more than 15 years, Michael directed major federal drug trafficking and money laundering investigations, as well as previously serving as the Project Safe Childhood Coordinator directing federal child pornography and child exploitation prosecutions throughout the U.S. 

1.0 Credit CLE

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