J.D., Stanford Law School, 1970; Stanford Law Review editor
Raised in the Midwest, Professor Mitchell moved to the West Coast to attend Stanford Law School, where he was a member of the Moot Court Board and Editor of the Law Review. He earned his J.D. at Stanford in 1970.
Professor Mitchell's wide ranging career has included: private practice in his own law firm in San Francisco, where he specialized in criminal litigation (1970-75); consultant to public and private defense attorneys concerning trial, motions and appellate strategies (1973-1982); and director of legal training for the Seattle office of Perkins Coie where, while away from the law school, he developed a two-year training curriculum for new associates in business and litigation (1988-90). Professor Mitchell authored Assisted Suicide - Nine Issues to Consider (U. Michigan Press, 2007). He is also co-author (with Professor Marilyn Berger and Practitioner in Residence Ronald Clark) of four advocacy textbooks published by Wolters Kluwer - Trial Advocacy: Planning Analysis, and Strategy (3rd. ed., 2011); Pretrial Advocacy: Planning, Analysis, and Strategy (3rd ed., 2010); Trial Advocacy: Assignments and Casefiles (2nd ed., 2011); Evidence: Skills, Strategies, and Assignments For Pretrial and Trial (2011) - and co-author (with Rick Barron) of Evidence: Lexis/Nexis Skills and Values (2009).. He and his co-authors are currently creating a revised, updated version of both books. He also has written extensively for professional journals on such topics as professional responsibility, learning and educational theory, training of lawyers, constitutional law, legal process, and criminal procedure.
Over the past two decades, Professor Mitchell has taught courses in Evidence, Evidence Lab, Advanced Evidence, Forensics, Criminal Procedure and Advocacy. He was also a member of the Law Practice Clinic for six years, the last two as Director.
Can the Professor Come Out and Play? Scholarship, Teaching, and Theories of Play,Journal of Legal Education Vol. 5804 (2009) (with Bryan Adamson, Marilyn Berger, Lisa Brodoff, Anne Enquist, and Paula Lustbader).
Trial Advocacy: Planning, Analysis and Strategy
Pretrial Advocacy: Planning, Analysis and Strategy(2d ed., Aspen 2007) (with Marilyn J. Berger, Ronald H. Clark, and Monique Leahy).
Understanding Assisted Suicide — Nine Issues to Consider(University of Michigan Press 2007).
Washington Evidence Trial Book: Objections, Offers of Proof, Rulings on the Record, and Limiting Instructions(1999) (with Stephen A. Saltzburg and Fred Tausend).
Evidence(Seattle University Skills Development Series 1996) (with Rick T. Barron).
Criminal Procedure(Seattle University Skills Development Series 1995) (with Rick T. Barron).
Trial Advocacy: Planning, Analysis, and Strategy(Little, Brown 1989) (with Marilyn J. Berger and Ronald H. Clark).
Pretrial Advocacy: Planning, Analysis, and Strategy(Little, Brown 1988) (with Marilyn J. Berger).
Chatting With the Lady in the Grocery Store AboutHernandez v. Robles, the New York Same-Sex Marriage Case, 6 Seattle J. Soc. Just. __ (forthcoming 2008).
Using Global Law to Teach Domestic Advocacy, 9 T.M. Cooley J. Prac. & Clinical L. 63 (2007).
My Father, John Locke, and Assisted Suicide: The Real Constitutional Right3 Indiana Health L. Rev. (2006).
Of Driver’s Licenses and Debtor’s Prison, 4 Seattle J. Soc. Just. 439 (2005) (with Kelly Kunsch).
In (Slightly Uncomfortable) Defense of 'Triage' by Public Defenders39 Valparaiso L. Rev. 925 (2005).
EvaluatingBradyError Using Narrative Theory: A Proposal For Reform53 Drake L. Rev.599 (2005).
“Preemptive War”: Is it Constitutional?44 Santa Clara L. Rev. 497 (2004).
A Conversation with Chief Justice John Marshall2003 Equalizer 14 (November 2003).
Letters and Postcards We Wished We Had Sent to Gary Bellow and Bea Moulton10 Clin. L. Rev. 157 (2003) (with Marilyn Berger).
In Training Business Lawyers, Theoretical Means Practical, Amer. Law., June 1990, at 30.
Current Theories on Expert and Novice Thinking: A Full Faculty Considers the Implications for Legal Education,39 J. Legal Educ. 275(1989).
Tribute to Andrew Walkover, 12 U. Puget Sound L. Rev. xv (1988).
Reasonable Doubts Are Where You Find Them: A Response to Professor Subin's Position on the "Criminal Lawyer's 'Different Mission'"1 Geo. J. Legal Ethics 339 (1987), reprinted in M.E. Katsch,Taking Sides: Clashing Views on Controversial Legal Issues(4th ed. Duskin Publishing Group 1991).
The Ethics of the Criminal Defense Attorney—New Answers for Old Questions,32 Stan. L. Rev. 293(1980).
(2d ed., Aspen, forthcoming 2008) (with Marilyn J. Berger and Ronald H. Clark).