The following excerpt is from U.S. v. Mendel, 746 F.2d 155 (2nd Cir. 1984):
Defense counsel immediately and vigorously protested, citing the court's earlier ruling, explaining its prejudicial effects, and indicating a need for a mistrial motion if the court credited Frumerie's testimony. Making no finding or statement respecting the claim of prejudice at that point, and taking no "steps so that the parties are not prejudiced by reliance on the prior ruling", Swietlowich v. County of Bucks, 610 F.2d 1157, 1164 (3rd Cir.1979), the trial court responded to counsel's protest and claim of prejudice with a single word, "Proceed".
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.