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Invoking the Rule

By Melody Evans and Kirk Redmond

While invoking the rule of sequestration didn't really help Mr Avalos on appeal yesterday, see US v. Avalos, the Tenth Circuit still provides a good synopsis of what the trial court is supposed to do when counsel invokes the Rule under FRE 615:The witnesses should be clearly directed, when theRule is invoked, that they must all leave the courtroom (with theexceptions the Rule permits), and that they are not to discuss the caseor what their testimony has been or would be or what occurs in thecourtroom with anyone other than counsel for either side.The Rule allows more than just exclusion -- the court must instruct the witnesses not to discuss the case with anyone other than counsel. In Avolos, the offending witness was an agent but not designated as such by the government under 615(2)...continue to full post

Full post as published by Kansas Federal Defender on October 24, 2007 (boomark / email).