NITA Publications

State v. Stone Case File

The State has alleged that the victim, Marilyn Miller, was awakened from a nap by a noise in her apartment and saw a man standing in her bedroom. She screamed, and the man leaped on her and threatened her with a knife. He turned her over on her stomach, covered his face with a bandanna, and then removed her clothing. He then raped her. The defendant, James Stone, has been charged with offenses arising from that alleged incident.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com.

• >> TABLE OF CONTENTS
  TABLE OF CONTENTS
  
  Introduction
  
  Method of Instruction
  
  Direct, Cross, and Redirect Examination
  1. Marilyn Miller
  2. Officer Pace
  3. Detective Wasilewski
  4. Esther Boothe
  5. Edward Lindsey
  
  Handling and Introduction of Exhibits
  6. Photographs
  7. Notebook
  8. Knife
  9. Clothing
  10. Laboratory Analysis
  11. Letter
  
  Use of Visual Aids
  12. Chalkboard
  13. Diagram
  
  Impeachment and Rehabilitation
  14. Joseph Wasilewski
  
  Advanced Direct and Cross Examination
  15. Diana Samuels
  16. James Stone
  
  Examination of Expert Witnesses
  17. Dr. James Madden
  
  Jury Selection
  18. Problem
  
  Opening Statements
  19. Problem
  
  Closing Arguments
  20. Problem
  
  November 9, 2010

• >> AUTHOR
  
  
  • James H. Seckinger
    
    
    • James H. Seckinger, one of the nation's outstanding trial-advocacy teachers, has been part of the faculty of the Notre Dame Law School since 1974. Professor Seckinger teaches and writes in the areas of deposition techniques, evidence, professional responsibility and trial advocacy. Since 1973, he has been a member of the faculty of the National Institute for Trial Advocacy (NITA) and served as its director from 1979 to 1994. He earned his B.S. from St. John's University (Minnesota) in 1964, his M.S. from Vanderbilt University in 1968, and his J.D. from Notre Dame in 1968, where he served as articles editor of the Notre Dame Law Review. A member of the Colorado Bar since 1968 and the Indiana Bar since 1976, Professor Seckinger clerked for the Honorable William E. Doyle on the U.S. District Court in Denver, Colorado (1968-69), served as director of litigation at Denver Legal Aid (1969-72) as a Reginald Heber Smith Fellow, served as chief deputy district attorney at the Denver District Attorney's office (1972-74), and held a visiting professorship at Cornell (1978-79).