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With rare exceptions, judges should not bifurcate the trial of a defendant who is charged with being a felon in possession of a firearm, the 2nd Circuit has ruled, finding the potential prejudice caused by the introduction of a prior felony conviction during the case-in-chief is not enough to justify splitting the trial in half. The circuit reversed a district court judge who said the defendant's prior crimes were of such "dynamite character" that they might prevent the jury from evaluating the case fairly.
August 16, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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