By Collin County Criminal Defense Lawyer Jeremy Rosenthal
The trial judge calls many of the crucial balls and strikes at trial including on which jurors are chosen to sit on the panel, what evidence the jury may hear, what arguments the lawyers may make, whether the case even makes it to the jury, and what formal instructions are given to the jury. While some judges see their role as a referee on the sideline — for better or worse — they play a far more important role.
If the Judge makes mistakes in their rulings — those can be appealed. Here’s why that’s not as easy as it sounds; (1) appeal can be extremely expensive if you don’t qualify as indigent; (2) the appeals courts rarely over-turn what happens in the trial court and often label the trial judge’s mistakes as “harmless error;” and (3) appeal takes…
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