No Mistrial for Defendant Called as Witness by Co-Defendant
U.S. v. Templeman, --- F.3d ----, 2007 WL 987414 (10th Cir. April 4, 2007).
No abuse of discretion in denying mistrial to D whose pro-se co-D called D as a witness (D did not testify). Co-D did not intend it as a comment on D’s silence, the jury would not understand it as such, and the jury instruction dispelled any prejudice.
No abuse of discretion in denying mistrial to D whose pro-se co-D called D as a witness (D did not testify). Co-D did not intend it as a comment on D’s silence, the jury would not understand it as such, and the jury instruction dispelled any prejudice.
posted by Anonymous at 9:52 AM
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