Thursday, July 20, 2006

Presumed Lying. The Second Circuit overturned a verdict where the district judge had instructed the jury that the defendant had a strong motive to lie and his testimony should be closely scrutinized. The Court held that such an instruction presumed the defendant's guilt and the charge was so unbalanced as to amount to reversible error, especially in that the case was a close one, based on credibility findings.

The decision in United States v. Gaines can be found at the Second Circuit website. It was decided on July 20, 2006.

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