Missing Witness Jury Instruction Was Improper, NJ Court Says

Law360, New York (March 28, 2013, 8:22 PM EDT) -- A New Jersey appeals court ruled Thursday that a trial judge erred by instructing a jury that it could assume a defendant didn't call some of his witnesses out of concern they would damage his case, a ruling that could lead judges in the state to think carefully before giving jurors a “missing witness” charge.

A three-judge panel for the Appellate Division of New Jersey Superior Court ruled to reverse a trial court's verdict and order a new trial in a personal injury suit filed against...
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