An irrefutable principle is that a trial lawyer should carefully examine every exhibit that may go to the jury room. This bears repeating because of the consequences. Adhere to this rule or live to regret it.
One cautionary tale I use to drive home this point in my advocacy classes involves the trial of a criminal sexual conduct, first degree burglary and kidnapping case involving a 72-year-old woman victim. An Orangeburg, South Carolina trial judge granted a mistrial ruling that the jury was prejudiced by evidence not submitted at trial. Jurors found a confession in the back pocket of the pants (defendant) Bradley was wearing when police arrested him. The pants had been admitted into evidence, but the document had not.
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