Kenneth Melilli, JD
Kenneth Melilli, JD

Kenneth Melilli, JD

Professor Emeritus
School of Law

Academic Appointments


  • Law


  • Professor Emeritus

Teaching Activity

  • Criminal Law
  • Criminal Procedure
  • Cross-Examination
  • Evidence
  • Negotiations
  • Torts
  • Trial Team


Following graduation from New York University School of Law, Professor Melilli worked as an associate at the New York City law firm of Davis Polk & Wardwell from 1979-1980. He then clerked for the Honorable William C. Conner on the United States District Court for the Southern District of New York from 1980-1982. He worked as an Assistant United States Attorney in Washington, D.C., from 1982-1986, and then as an Assistant United States Attorney in Vermont from 1986-1987. Professor Melilli was a member of the faculty at Albany Law School in New York from 1987-2000, and he has been a member of the Creighton Law School faculty since 2000.

Publications and Presentations


  • Kenneth J. Melilli, Personal Credibility and Trial Advocacy, 40 Am. J. Trial Advoc. 227, 2016
  • Kenneth J. Melilli, Dog Sniffs, Technology, and the Mythical Constitutional Right to Criminal Privacy, 41 Hastings Const. L.Q. 357, 2014
  • Kenneth J. Melilli, Risk Management in Cross-Examination, 38 Am. J. Trial Advoc. 317, 2014
  • Kenneth J. Melilli, Sequencing and Chronology in Trial Presentations, 33 Am. J. Trial Advoc. 587, 2010
  • Kenneth J. Melilli, Disclosure of Juror Identities to the Press: Who Will Speak for the Jurors?, 8 Cardozo Pub. L. Pol'y & Ethics J. 1, 2009
  • Kenneth J. Melilli, Controlling the Nonresponsive Witness on Cross-Examination, 32 Am. J. Trial Advoc. 125, 2008
  • Kenneth J. Melilli, What Nearly a Quarter Century of Experience Has Taught Us About Leon and "Good Faith," 2008 Utah L. Rev. 519, 2008
  • Kenneth J. Melilli, Succeeding in the Opening Statement, 29 Am. J. Trial Advoc. 525, 2006
  • Kenneth J. Melilli, Cross-Examination: To Lead or Not to Lead?, 27 Am. J. Trial Advoc. 149 (2003), reprinted in Neb. Law., July 2003, at 29, and in Prairie Barrister, 2003 no. 2, at 13, and in The Brief (Am. Bar Ass’n Tort Trial & Ins. Practice Section), Spring 2004, at 66, 2003
  • Kenneth J. Melilli, Leading Questions on Direct Examination: A More Pragmatic Approach, 27 Am. J. Trial Advocacy 155, 2003
  • Kenneth J. Melilli, The Consequences of Refusing Consent to a Search or Seizure: The Unfortunate Constitutionalization of an Evidentiary Issue, 75 S. Cal. L. Rev. 901, 2002
  • Kenneth J. Melilli, Objecting and Responding Effectively, 23 Am. J. Trial Advoc. 559 (2000), reprinted in 49 Def. L.J. 745, 2000
  • Kenneth J. Melilli, The Character Evidence Rule Revisited, 1998 BYU L. Rev. 1547, 1998
  • Kenneth J. Melilli, Witness Preparation, in 61 Am Jur Trials 269, 1996
  • Kenneth J. Melilli, Batson in Practice: What We Have Learned About Batson and Peremptory Challenges, 71 Notre Dame L. Rev. 447, 1996
  • Kenneth J. Melilli, Examination of a Witness Based on a Prior Statement, in 49 Am Jur Trials 501, 1994
  • Kenneth J. Melilli, Act-of-Production Immunity, 52 Ohio St. L.J. 223 (1991), reprinted in 4 Crim. Prac. L. Rev. 435, 1992
  • Kenneth J. Melilli, Prosecutorial Discretion in an Adversary System, 1992 BYU L. Rev. 669, 1992
  • Kenneth J. Melilli, Exclusion of Evidence in Federal Prosecutions on the Basis of State Law, 22 Ga. L. Rev. 667, 1988