
Comments on Weight of Evidence
i) Tex:
(1) Common when the judge rules on objections; you must object right then to preserve your error. Then ask for comment to be stricken and get a jury instruction to disregard.
(2) Reversible error? Usually an instruction to the jury is sufficient to cure any error – would have to be pretty egregious to have reversible error.
ii) Fed: no rule on comments so has to be really bad; can’t become an advocate or show bias
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