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Rush v. Wyeth

January 28, 2007

RE: RUSH
v.
WYETH



The opinion of the court was delivered by: Richard Sheppard Arnold

LETTER-ORDER

Motion for Mistrial

Dear Counsel:

I deny Wyeth's Motion for a Mistrial (its exception is reserved and preserved).*fn1 I anticipate giving the attached instruction first thing tomorrow morning.

Each lawyer involved in this case is instructed to again read my Guidelines for Trial between now and 8:30 a.m. tomorrow morning.

Among other things the guidelines point out that "speaking objections" are prohibited.

When I have ruled on an item of evidence or a procedure, that is the "law of the case" unless I change the ruling out of the presence of the jury.

If something has been excluded, the other side has not opened the door for broaching that subject again, unless I rule that the door has been opened, outside the presence of the jury.

The thought of a mistrial gives me the shakin' ague, but if counsel steps too far out-of-bounds or steps out-of-bounds too often, even on smaller matters, a mistrial is always possible.

Each counsel in this case is extremely well-prepared and each counsel knows what I have ruled. As I have pointed out, I do not want to scold a lawyer in front of the jury, but as I have also pointed out, I ain't too good to.

I expect you to represent your clients with zeal but, at the same time, you are to heed the Marquess of Queensberry rules.

It would be a mighty good thing if I didn't have to deal with this type of thing again during the entire remainder of the trial.

Cordially,

Wm. ...


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