By: Daily Record Staff//July 1, 2013
By: Daily Record Staff//July 1, 2013//
U.S. Court of Appeals for the Second Circuit
Grand Jury Testimony — Jury Instructions
Marshall v. Randall
Judges Walker, Lynch and Carney
Background: The defendants appealed from a judgment finding them liable for false arrest, malicious prosecution, and violation of the plaintiff’s right to a fair trial. The defendants were ordered to pay damages of $95,000 each. On appeal the defendants argued that the use of their grand jury testimony was improper; that the failure to instruct the jury that the plaintiff’s criminal case did not end in an acquittal; and the exclusion from the trial that the defendant had stopped the plaintiff based upon recognition evidence.
Ruling: The Second Circuit affirmed. The court found that the use of grand jury testimony was properly admitted for impeachment purposes and was not used as a basis for liability. Also, the jury instruction at issue was not problematic as an underlying acquittal was not a necessary prerequisite for a malicious prosecution charge. Finally, the court had provided a curative instruction to the jury once the plaintiff opened the door concerning the illegal stop at issue.
Jon L. Norinsberg for the plaintiff-appellee; Avshalom Yotam, corporation counsel, for the defendants-appellants