R michael mcsweeney coursework

This is a general description of the course. It is conducted through a discussion format centered on fiction written by students in the class. Readings drawn from the contemporary, literary landscape will be included.

R michael mcsweeney coursework

Although this court noted that it was not endorsing the conduct of a judge at a civil jury trial who left the courtroom during the playing of a videotaped deposition, it declined to impose a per se rule and to order a new trial in circumstances in which, not only was there no objection to the judge's absence, there had been no showing of any prejudice arising from it.

The case was tried before Joseph S. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Barrett with her for the defendant.

R michael mcsweeney coursework

Rezendes with her for the plaintiff. After the Appeals Court reversed and remanded a judgment for the plaintiff, see McSweeney v. We need only decide the issue of the propriety of the judge's R michael mcsweeney coursework the courtroom during the playing of a videotaped deposition.

Otherwise we agree with the reasoning and conclusions of the Appeals Court. Although we affirm the judgment of the Superior Court, we do not endorse the judge's conduct. The judge left the courtroom while the jury viewed a videotape of testimony of the plaintiff's treating physician.

Page At the conclusion of the videotape, the judge returned and the following exchange occurred: Counsel would like to have it marked as an Exhibit. The R michael mcsweeney coursework already seen it. Page The Appeals Court reversed the judgment because of the judge's absence during the videotaped testimony.

According to the Appeals Court, the fact that the record did not demonstrate that the judge was requested or refused over objection to be present did not diminish the "direct effect the judge's absence has upon the fundamental fairness of a trial. At the conclusion of the deposition the attorneys met Page with the judge and requested he return for the videotaped deposition of defendant's expert.

During the conference, the plaintiff objected to the judge's absence. Although the plaintiff's objection was not made on the record, the Appeals Court noted that, because of the unique circumstances of the case, the requirements of Mass.

The Barrett court held that, "during any jury trial, a judge shall not absent himself from the courtroom while evidence is being presented.

Further the judge's absence so affects the fundamental fairness of a trial that it is not necessary for an appellant to show prejudice in order to obtain a new trial. The Barrett court did not address what the appropriate result would be if the parties failed to object or agreed to the absence of the judge.

We have questioned whether a fair trial in a criminal action can be achieved when the judge is not present in the courtroom or in the place where testimony is given. We have recognized that a judge, through his presence serves as a sentry charged with "ensuring that a trial in its entirety proceeds fairly and properly.

Further, we have determined that "the presence of the judge throughout the trial is a matter of fundamental fairness" emphasis added.

Since by absenting himself the judge placed the fairness of the proceeding in jeopardy, we must decide what, if any, remedial action is required.

Although we are troubled by the absence of the judge during the playing of the videotaped Page deposition, we conclude that retrial is not required. Defense counsel objected solely to the videotape being made an exhibit and not to the judge's absence from the courtroom.

Even if we accept the defendant's suggestion that the only possible time it could object was when the judge returned to the bench, the fact remains that the substance of the defendant's objection was to the admission of the videotape as an exhibit. Although the defendant argues that it was deprived of a fair trial by the judge's absence, it fails to demonstrate, in any specific way, how this is so.

Not only was there no objection to the judge's absence, there has been no showing of any prejudice arising from it. In such circumstances we decline to impose a per se rule and to order a new trial. If any party has made objections during the course of the. Objections not so submitted shall be deemed waived, except to the extent that events at the trial, which could not have reasonably been foreseen by the objecting party, necessitate an objection at trial.

The party making the objection shall be responsible for providing the judge with a stenographic record of the deposition, unless it is already on file at the court. The judge shall rule on the objections prior to the commencement of trial or hearing and give notice to all parties of the rulings and instructions as to editing.

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