Episode 9: U.S. v. Kennedy and Opening Statement

Send us Fan MailIn this episode I provide a mea culpa and seek to course-correct when it comes to motions to dismiss for failure to state an offense.  Recently the President has sought to render these motions non-jurisdictional but the RCMs still allow it to be raised any time prior to adjournment.  Because I thought the motion was jurisdictional, I agreed with the judiciary that defense counsel were required to notify the court that it lacked jurisdiction over the offense.  But if it is not jurisdictional, and the RCMs say you can raise it at any time . . . there may be cases where you want to see how findings plays out before raising the error?   In the advocacy piece (at 15:37), I give some of my personal thoughts on opening statements.  Happy listening.