A new trial has been ordered for a man serving 25 years to life for killing his wife, because his trial judge refused to inquire in depth about his not testifying in his own defense, a state appeals court has ruled unanimously.
While trial judges are not obligated to directly quiz defendants who choose not to take the stand, the Appellate Division, Third Department, panel said Columbia County Court Judge Jonathan Nichols should have done so at the second-degree murder trial of Arthur Morgan Jr.
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