Got this insightful comment recently:
I just thought I might mention FYI that I have vigorously attempted to use Lerma to litigate in defense, only to have judges, including one who she said that she was familiar with the psychological literature on eyewitness testimony, distinguish the hell out of it. The fact pattern of Lerma is very odd and unusual, making that relatively easy to do.
Then after this comment I read a case where a judge distinguished the hell out of Lerma.
There is never going to be an opinion, an idea, or a strategy that is the “ace in the hole.” There is no killer idea or litigation panacea out there that automatically gives us a win.
There is only the struggle.
It’s an adversarial system and the other side has more ammo.
I do get excited about cases, specific holdings, and certain opinions. Then we get smacked in the face in court with our own opinion.
Happens all the time.
But what I liked about the email is that this attorney is pushing the issue. He’s actively involved in the struggle squeezing the cases for what their worth.
Sometimes there will be some juice in that turnip, not so much other times.
Not sure where I was going with this line of thought…
I guess I just want to acknowledge that it’s not a cake walk out there. I’ll do my best to arm you with the cases as they come out. Nonetheless, you’re working in a hostile environment.
I get that.
I’ll be recording an episode on the Premium Nuggets that discusses exactly how a judge distinguished the hell out of Lerma (the eyewitness identification expert witness case). There are some important details in there. Those involved in the struggle are going to want to know about them.
When they make a move all we can do is react and go at it again.
Subscribe now to the Premium Nuggets podcast to make sure you’re as armed as possible for the fight.
Use this link:
Samuel Partida, Jr.
P.S. – The sender of the email was a recent subscriber who also said, “…you're right, it really does allow you to learn while doing something else.” His name is on the list of attorneys who can possibly win the extra copy of my Jurybook. If you want your name to be on the list subscribe to the Premium Nuggets before February 22nd.