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Scrutinize jury instructions with a fine-tooth comb.

By Marks & Katz, LLC

 Bill of Rights. (From the public domain.) In jurisdictions where the judge instructs the jury on the law before closing trial arguments are made, it is tempting for lawyers to focus on putting the finishing touches to their closing arguments while the judge instructs the jury. However, as demonstrated by  Wheeler v. U.S., 930 A.2d 232 (D.C. 2007), it is critical to listen to and timely object to the judge's jury instructions like an eagle hawk. Otherwise, a faulty jury instruction will not be preserved for appeal, and the defendant will suffer. Cesar Sarausad II was blessed with a team of tenacious trial and appellate lawyer challenging, among other things, a faulty jury instruction concerning criminal accomplice liability. Waddington v. Sarausad, __ U...continue to full post

Full post as published by Underdog on January 22, 2009 (boomark / email).