Sentences with phrase «curative instructions»

The judge immediately gave strong curative instructions, and later denied the defendant's motion for a new trial based in part on counsel's behavior.

Worse, the jury that hears indamissible hearsay that is not cured by subsequent testimony or evidence is not going to un-hear the inadmissible evidence no matter how well - crafted are a judge's curative instructions to ignore the inadmissible evidence.

The Appeals Court also found that the lower court judge's curative instructions to the jury, after striking the evidence, was sufficiently «rigorous and emphatic» to remedy any potential prejudice.

As defense counsel is well aware, however, such approaches are entirely lawful and proper, and the Court should issue a curative instruction to correct the misimpressions that may have arisen from defense counsel's questioning.

The Delaware Supreme Court agreed with the Appellate Practice Group that the allegedly improper comments did not address central issues in the case and, to the extent that there were any errors, the trial court gave a curative instruction that mitigated any potential prejudice.

Nonetheless, Judge Amado Abascal refused to declare a mistrial, instead dismissing Palacios from the jury and issuing a supposedly curative instruction to the remaining jurors.

Not exact matches

Another court explains that «the applicable remedy analysis for a Brady violation is as follows: (1) a Brady violation requires a remedy of a new trial; (2) such new trial may require striking evidence, a special jury instruction, or other additional curative measures tailored to address persistent prejudice; and (3) if the lingering prejudice of a Brady violation has removed all possibility that the defendant could receive a new trial that is fair, the indictment must be dismissed.

Although most appellate courts believe in the curative powers of a judge's instructions, I always say it's better to be safe than sorry.

The dissenting judge found that the trial judge's instruction was so inappropriate and so seriously in error that the curative proviso of s. 686 (1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C - 46, was inapplicable.