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How will the Supreme Court’s immunity decision impact Trump’s cases? Jul 09, 2024

Show notes

The Supreme Court’s landmark ruling on presidential immunity raises as many questions as it answers.

It requires trial judges in Trump’s pending criminal cases to hold evidentiary hearings to determine if his actions fall outside official acts, which are not protected by immunity.

Trial courts must also assess what evidence can be used to support the remaining charges.

The Supreme Court has ruled that testimony or private records related to official acts cannot be used in trials for unofficial acts, adding further complexity.

This new process of evaluating actions leaves trial judges in a quandary without clear guidance from the Supreme Court.

In this episode of Next Witness…Please, the “Judicial Twins” (retired judges Gayle Williams-Byers and Tom Hodson) break down the challenges trial judges face under this confusing decision and explore potential outcomes for Trump’s current cases.

Understanding the Supreme Court’s Presidential Immunity Decision Jul 08, 2024

Show notes

A week has passed since the U.S. Supreme Court's monumental ruling on presidential immunity, leaving everyone grappling with its implications.

· Did the Court grant presidents unchecked power to break laws under "official acts"?

· Has our democracy shifted towards a monarchy or autocracy where the president is above the law?

· Are lower court judges now tasked with the impossible job of distinguishing "official acts" from "unofficial acts" without considering presidential motives?

In this episode of "Next Witness...Please," retired judges Gayle Williams-Byers and Tom Hodson tackle these pressing questions.

They dissect the ruling, offering their insights and breaking down the opinion into four major parts for easy understanding.

Using clear examples, they explain:

· Absolute immunity

· Presumptive immunity

· Unofficial acts

· Evidentiary issues

Tune in to this episode for a straightforward guide to understanding the complexities of Trump v. United States.

Supreme Court Justices: Ethics, recusal and public perception Jun 28, 2024

Show notes

The U. S. Supreme Court has hit an all-time low in public trust and confidence.

In this episode of "Next Witness...Please," retired judges Gayle Williams-Byers and Tom Hodson explore the reasons behind this decline and the immense power wielded by Supreme Court justices.

They delve into why the public sees the court as more political than judicial, eroding faith in the rule of law.

The episode also addresses shady financial dealings, unreported gifts, and questionable public actions and statements by justices, including Clarence Thomas and Samuel Alito.

These issues raise serious ethical concerns and undermine the court's integrity, much to the consternation of many legal analysts and ethicists.

Tune in to "Next Witness...Please" as the judges discuss potential solutions to these ethical challenges and ways the Supreme Court can restore public trust.

Presentence investigations important even in Trump’s case Jun 19, 2024

Show notes

After a guilty verdict and before sentencing of a criminal defendant, the judge usually orders the probation department to conduct a presentence investigation to help guide the judge in sentencing.

As in the New York cases against Donald Trump, the probation department will assemble information from numerous sources to prepare a written report for Judge Juan Merchan to use as he prepares to render Trump’s sentence on July 11.

The presentence report acts as a guide for a judge in decision making.

On this edition of “Next Witness…Please,” retired judges Gayle Williams-Byers and Tom Hodson break down the elements of a presentence investigation. They explain how the pieces fit together to form a presentence report that is helpful to a judge prior to sentencing.

They describe the elements of the investigation and which portions may be the most important to a judge in determining the appropriate sentence to give.

Presentence reports generally contain information provided by both the prosecution and the defense in addition to information collected in a defendant interview conducted by the probation officer crafting the report.

Presentence reports also may contain “victim impact statements” where a particular victim of the crime may explain to the judge the ramifications of the criminal activity.

Judges generally share the written report with the prosecution and the defense before a sentencing hearing so each side can prepare for the hearing. The presentence report, however, is not a public record and it is not available to the news media.

Unmasking Jury Mysteries: Behind the Scenes of Jury Instructions and Deliberations Jun 05, 2024

Show notes

In this riveting episode of “Next Witness…Please,” retired judges Gayle Williams Byers and Tom Hodson take you on an eye-opening journey through the often-misunderstood world of jury instructions and deliberations.

Following Donald Trump’s conviction on 34 state felony counts in New York, the air is thick with rumors and conspiracy theories about Judge Juan Merchan’s jury instructions and the deliberation process.

Our hosts tackle these myths head-on, breaking down the intricacies of jury instructions in plain English. Discover how these critical guidelines are crafted by judges, delivered to juries, and tailored to fit the legal landscapes of different states.

The Judicial Twins delve into the pivotal role jury instructions play in shaping deliberations.

Though the inner workings of jury deliberations are shrouded in secrecy, Jude Gayle and Judge Tom pull back the curtain, sharing invaluable insights gleaned from decades of post-trial discussions with jurors.

Gain a unique perspective on the sanctity and secrecy of the jury process from two seasoned judges who have spent their careers in the courtroom trenches.

This episode is your backstage pass to understanding the vital yet often enigmatic role of jury instructions in our justice system. Don’t miss it!

Why so many motions in criminal cases and what’s so important about closing arguments? May 22, 2024

Show notes

This episode of “Next Witness…Please” dives into different kinds of motions filed by defendants in criminal cases and why they are so important.

Retired judges Tom Hodson and Gayle Williams-Byers guide you through the strategies behind filing “pre-trial” and “during trial” motions in a criminal case.

They talk about motions in limine, motions to suppress evidence, motions for mistrials and motions to acquit.

They also unfold some of the mysteries and strategies behind closing arguments for both the prosecution and the defense.

How important are closing arguments anyway? Do they really help guide juries to a verdict?

Are closing arguments just food for attorney egos or are they really critical to jury decision making? Listen and find out.

Burdens of Proof and Examining Witnesses Explained Next Witness... Please with the "Judicial Twins" May 17, 2024

Show notes

Join us as we unravel the complexities of burdens of proof and witness examination, guided by our seasoned experts - the "Judicial Twins."

With the New York trial of Donald Trump drawing to a close, it's prime time to explore the intricacies of criminal and civil cases, along with equity matters.

From the formidable standard of "proof beyond a reasonable doubt" to the more straightforward "preponderance," we'll demystify it all with real-world examples.

Tune in as we navigate the terrain of "clear and convincing evidence" and "probable cause."

And don't miss our retired judges, Gayle Williams-Byers and Tom Hodson, as they illuminate the differences between direct examination, cross-examination, and re-direct, providing invaluable insights into crafting a trial's narrative.

Don't miss this enlightening episode! #NextWitness #LegalInsights #CourtroomExposé

Unveiling Trump's Trial: Jury Selection, Opening Statements, and Contempt Explained. May 04, 2024

Show notes

Join us on “Next Witness... Please” for an exclusive deep dive into the high-profile Trump New York trial, where jury selection, opening statements, and contempt hearings have taken center stage.

Led by the dynamic 'Judicial Twins,' retired judges Gayle Williams-Byers and Tom Hodson, this episode serves as your guide to understanding the legal intricacies of the case.

Discover how jury selection unfolds, including the tactics used by counsel and the court to dismiss potential jurors.

Contrary to public perception, learn from the experts that each side has only a limited number of 'peremptory challenges' or 'strikes.'

Delve into the art of crafting persuasive opening statements, as the judges humorously decode the strategies behind outlining evidence for the jury's consideration.

Finally, gain insight into contempt proceedings and gag orders, as the judicial duo translates complex legal concepts into everyday language.

Follow along as Judge Juan Merchan navigates the proceedings, ensuring you're well-equipped to understand every twist and turn of the trial.

Don't miss out on this enlightening episode of “Next Witness... Please” – tune in now and clear the legal fog of Trump's trial.

Introducing "Next Witness... Please" with the “Judicial Twins” May 01, 2024

Show notes

Hello everyone! We're thrilled to invite you to join us on a captivating journey through the legal world with our brand-new podcast, "Next Witness... Please," produced by WOUB Public Media.

Ever found yourself lost in legal jargon? Fear not! Our mission is to decode complex legal concepts into everyday language, making them accessible to all.

Meet your hosts, the dynamic duo known as the Judicial Twins!

Retired judge Tom Hodson brings over 50 years of legal expertise as a trial judge, defense attorney, and former Judicial Fellow at the Supreme Court of the United States.

Retired judge Gayle William-Byers, with more than two decades of public service as a prosecutor and judge, is now sharing her knowledge as a Judicial Fellow for The National Judicial College and a legal analyst.

Join us as we embark on a quest to demystify the legal system and increase your understanding of its complexities.

Tune in to "Next Witness... Please" for enlightening discussions, insightful perspectives, and a deeper understanding of the law. Don't miss out – subscribe now and let's unravel the mysteries of the legal world together!

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