Copyright (c) 2009 All rights reserved. http://works.bepress.com/dana_cole Recent documents in Dana Cole en-us Sun, 31 May 2009 04:47:18 PDT 3600 http://works.bepress.com/dana_cole/33 http://works.bepress.com/dana_cole/33 Mon, 17 Nov 2008 15:37:40 PST The author challenges the "trial lawyer is warrior" metaphor and suggests that the "trial lawyer is teacher" metaphor is more useful and productive. Dana Cole Litigation http://works.bepress.com/dana_cole/7 http://works.bepress.com/dana_cole/7 Fri, 30 Nov 2007 10:30:30 PST The author gives a eulogy to a friend who informally served as his jury trial consultant. Dana K. Cole http://works.bepress.com/dana_cole/6 http://works.bepress.com/dana_cole/6 Fri, 30 Nov 2007 10:26:19 PST The author describes his experience teaching trial advocacy at Harvard Law School. Dana K. Cole Legal Education http://works.bepress.com/dana_cole/5 http://works.bepress.com/dana_cole/5 Fri, 30 Nov 2007 10:14:09 PST The author describes Tom Batiuk's visit to his trial advocacy class during a painting exercise. Mr. Batiuk's Funky Winkerbean series depicting the class is reprinted. Dana K. Cole Legal Education http://works.bepress.com/dana_cole/4 http://works.bepress.com/dana_cole/4 Fri, 30 Nov 2007 10:11:15 PST The author acknowledging the contributions of a fellow staff member of the Gerry Spence's Trial Lawyers College. Dana K. Cole http://works.bepress.com/dana_cole/3 http://works.bepress.com/dana_cole/3 Fri, 30 Nov 2007 09:46:57 PST The Smoking Gun, is the true story of a woman and her teenage son charged in what appeared to be a hopeless murder case. At Mr. Spence's request, Professor Cole wrote a companion manual for use by law professors interested in using Spence's book in teaching criminal law, criminal procedure, clinical practicum, ethics, evidence or trial advocacy. The companion manual is a chapter-by-chapter synopsis of the book that highlights teachable topics and analyzes some of the skills and techniques described in the book. Dana K. Cole Legal Education http://works.bepress.com/dana_cole/2 http://works.bepress.com/dana_cole/2 Fri, 30 Nov 2007 09:17:01 PST The author attempts in this article to make trial lawyers and trial advocacy teachers aware of a tool called psychodrama and how it is being used in prepartation for trial and at trial. Dana K. Cole Legal Education http://works.bepress.com/dana_cole/1 http://works.bepress.com/dana_cole/1 Fri, 30 Nov 2007 09:01:35 PST Ohio's aggravated felony-murder rule and felony-murder death penalty specification provisions apply where a death occurs "while committing or attempting to commit" certain enumerated felonies. In a line of cases beginning in 1996, the Ohio Supreme Court broadly interpreted this statutory language to include situations where the intent to commit the underlying felony was formed subsequent to the death, as a complete afterthought. With these cases, the Ohio Supreme Court departed from the majority view that the intent to commit the underlying felony must precede or co-exist with the death. The author argues that this new statutory interpretation represents an unwarranted expansion of the felony-murder rule that disregards the statutory language, ignores the underlying purpose of the rule, and dispenses with traditional safeguards designed to ameliorate its harshness. The author further argues that applying this new statutory interpretation to the felony-murder death penalty specification potentially selects for death those who are not necessarily the most deserving of this ultimate punishment. The author suggests that the solution must be a legislative one Dana K. Cole Criminal Justice