General Discussion
In reply to the discussion: Judge Merchan is ANGRY: MERCHAN ASKS FOR THE JURY TO STEP OUT [View all]Oldvet
(95 posts)It this could be an argument for reversal on appeal. It was a major structural air by the judge.
This was a possible (and most likely is) 6th amendment violation once he cleared the public and press also.
There is very few reasons a judge can do that, and this isn't one of them.
In this situation you determine "Waller Factors"
https://casetext.com/case/waller-v-georgia/analysis?citingPage=1&sort=relevance
None apply here
There isn't even going to be a requirement for objection by defense for this to work on appeal, and could possibly justify a mistrial..
The defense may not ask for a mistrial, and risk what the jury might do knowing they have this ace in the hole now..
But yes, as entertaining as it was the judge just royally screwed up here.
As people were in euphoria cheering, I immediately became kind of disappointed at what might have just killed the case..
So close to the end as well.