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Trust the jury.

Publication: Trial
Publication Date: 01-OCT-07 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
After the verdict, a juror came to me in the hallway of the courthouse and said, "What was it like, trying the case against the defense lawyer and the judge?"

I had wondered if it was obvious to anyone other than me that my client's case had been assaulted by the judge during the trial. But that juror had not seen the half of it. Long before trial, I had sensed that an unfair battle was about to begin. Maybe it was the judge's subtle smirks at the pretrial motions hearings, the looks toward defense counsel that appeared to say, "This case is going nowhere. It's a waste of time--a waste of my time and a waste of jury time."

When I learned that defense counsel and the judge were close buddies, often ate lunch together, and visited in chambers, I sought an older lawyer's advice on whether to ask the judge to recuse himself.

Don't...

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