No Abuse of Discretion in Refusing to Reopen Trial to Allow Defense Witness Testimony

U.S. v. Espinoza, 2007 WL 60879 (1/10/07)(unpub'd) - The 10th encourages district courts to reopen cases after the parties have rested. "When the burden is not significant, and assuming the admissibility of the proposed evidence, prudence suggests that district courts lean towards granting motions to reopen so that the parties have a full opportunity to be heard." But, here the d.ct. did not abuse its discretion when it refused to reopen the trial for a defense witness to testify. Defense counsel announced the defense rested without presenting any witnesses and then in front of the jury the defendant himself exclaimed: "You're going to give me life without the possibility of parole, and you're not going to allow my side to be heard."