Tag Archives: Judge Comment on the Evidence


Judicial Misconduct May Require Reversal Error
November 3rd, 2021

CC 101 admonishes the jurors as follows:   Do not take anything I say or do during the trial as an indication of what I think about the facts, the witnesses, or what your verdict should be. However, such admonitions are not always sufficient to cure judicial misconduct. For example, in     People v. Nieves (May […]


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Sample Instructions: Use Of The Term “Expert“ In Jury Instruction As Improper Comment On The Evidence
April 6th, 2017

In this prior post it was suggested that the term “expert” should not be used when referring to witnesses in the jury instructions. Below is a non-exhaustive list of sample instructions which eliminate the term “expert” from the instructions: F 332 Inst 7 (a-d) Deletion Of The Term “Expert” From Expert Witness Instruction *Modify CC […]


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Use Of The Term “Expert“ In Jury Instruction As Improper Comment On The Evidence
April 6th, 2017

As recently recognized by the United States Supreme Court, the effect of testimony on a jury can be “heightened due to the source of the testimony.” (Buck v. Davis (2/22/2017) ___US___[187 Led 2d 35].) For example, when testimony in a death penalty trial regarding the defendant’s future dangerousness comes from a “medical expert bearing the […]


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