U.S. Court of Appeals for the 9th Circuit
May 1, 2013
Judge wrong to tell jurors not to speculate why a witness didn't testify, 9th Circuit rules
Trial judges shouldn't rule legitimate inferences that could help the defense off limits for jurors, a 9th U.S. Circuit Court of Appeals panel held Monday in rebuking Senior U.S. District Judge Jeffrey T. Miller of San Diego for doing so.
Daily Journal Staff Writer
Trial judges shouldn't rule legitimate inferences that could help the defense off limits for jurors, a 9th U.S. Circuit Court of Appeals panel held Monday in rebuking Senior U.S. District Judge Jeffrey T. Miller of San Diego for doing just that.
The decision said Miller was wrong to tell jurors not to "speculate" about why a government witness did not testify. The panel vacated a conspira...
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