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Greedy Trial Lawyer

Picture Button Justice For Accused

October 13, 2006

By Greedy Trial Lawyer

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Category: Seeing Clearly Now

I never thought of having to try a medical malpractice case involving a nursing error with the spectator section of the courtroom full of nurses in crisp, white uniforms. Or, presenting a case against a police department before a packed courtroom of police officers.

Either scenario would strike me as creating an environment prejudicial to the injured plaintiff's cause. My assumption would be that the jury would get the impression that the community favors the defense. Or, that a defense verdict would be the best outcome.

These thoughts came to mind when I read about this argument before the U.S. Supreme Court:

High court considers buttons' role in proceedings

The Supreme Court on Wednesday debated whether a murder victim's family prejudiced the trial of an accused killer by wearing buttons to court bearing a picture of the slain man.

The justices waded into issues of defendants' rights, struggling with the question of whether the buttons visible to the jury in Mathew Musladin's case denied him a fair trial or were a harmless expression of grief. The state of California is seeking to reinstate Musladin's conviction, which was thrown out by the 9th U.S. Circuit Court of Appeals.

I do not know about the constitutional rights of victims, the families of victims or criminal defendants. But, I do know what impact the picture buttons would likely have on the minds of some jurors.

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