Pre-trial
- Motions for appointment
- Motions for suppression of evidence
- Review of case law that may apply regarding admissibility and relevance of testimony
- Requests for evidence during discovery that may be of value during merits or sentencing
- Review of prior psychiatric treatments/reports, including reports under Article 706
- Evaluation of opposing expert qualifications
- Interview of opposing expert to determine elements of testimony
- Examination of witnesses
- Suggesting order of witnesses during trial to maximize effect
- Preparation of cross examination questions - experts and fact
- Preparation of qualification questions / questions to lay foundation during Daubert hearings or hearings on relevance
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Trial on Merits
- Assist with providency hearings when there is a question of mental state or capacity
- Evaluate changes in trial testimony from prior testimony and approaches to impeach
- Hear fact testimony that can be referenced when providing expert testimony to members
- Assist with style of questioning when working with difficult witnesses
- Assist with re-examination of opposing expert after they have had the opportunity to hear fact testimony
- Finalize cross examination of opposing expert
- reliability of opinion
- alternative explanations of behavior
- validity of information on which they base their opinion
- Testify on areas relevant to case
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Pre-sentencing
- Explore relevance of psychological or psychiatric conditions that may play a factor in extenuation
- Assess opposing expert testimony if offered to support aggravation / victim impact
- Assess risks and benefits of sworn / unsworn / or no statement from the accused
- Assist in selection or exclusion of witnesses that might be called in mitigation or aggravation - and develop questions for cross examination
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