However, once a judge permits counsel to make a ‘missing witness’ comment to the jury, “the judge also must give a ‘missing witness’ instruction to the jury [or] the effect is to undercut counsel’s closing …

Mar 4, 2025 · But prosecutors often struggle to get witnesses and victims to appear on the day of trial. If the prosecutor fails to call one of its witnesses at trial, defense counsel can ask the judge to provide …

Feb 1, 2026 · Counsel is not permitted to make a missing-‌witness argument without first obtaining judicial approval; if approval is granted, the court must give a missing witness instruction.

There is an inevitable delay between the announcement of new decisions, the Committee's consideration of those decisions, and the publication of any revisions to the Instructions or …

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Jun 18, 2026 · Because the People did not call the third man travelling in the victim's car to testify, defendant requested a missing witness instruction. County Court denied defendant's request for a …

Mar 19, 2026 · When a party does not call a witness who seems central to the story, judges and jurors naturally wonder what that witness would have said. The Missing Witness Rule is commonly …

Mar 15, 2006 · See Commonwealth v. Anderson, 411 Mass. at 283-284 (missing witness instruction inappropriate where party may have chosen not to call witness because witness's criminal history …

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