The U.S. Court of Appeals for the Second Circuit last week directed trial judges to avoid using a jury instruction that places extra emphasis on a defendant’s motive to lie on the witness stand to save his or her own skin.
In reversing the conviction of a man for being a felon in possession of a handgun, a three-judge panel said that, henceforth, trial judges are prohibited from saying a defendant’s interest in the outcome of a case created a motive to testify falsely. Eastern District Judge John Gleeson, sitting by designation, and Second Circuit Judges Dennis Jacobs and Barrington D. Parker decided U.S. v. Gaines. Gleeson wrote the decision.
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