Judge Cottrell, writing for the Middle Section of the Tennessee Court of Appeals, authored an opinion that was released yesterday in Waters v. Coker regarding "dynamite charges" given to a deadlocked jury.
The court held that the charge given was prejudicial, reversed the trial court, and remanded the case for a new trial. (The first trial was a two week jury trial, too.)
The link to that opinion is as follows:
http://www.tba2.org/tba_files/TCA
/2006/watersg063006.pdf
This case is a good reminder to counsel and the judiciary about how "dynamite charges" should be used. (I had forgotten about some of this and found the opinion to be a great reminder.)
The court held that the charge given was prejudicial, reversed the trial court, and remanded the case for a new trial. (The first trial was a two week jury trial, too.)
The link to that opinion is as follows:
http://www.tba2.org/tba_files/TCA
/2006/watersg063006.pdf
This case is a good reminder to counsel and the judiciary about how "dynamite charges" should be used. (I had forgotten about some of this and found the opinion to be a great reminder.)
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