What is the difference between a trial judge and a jury in a case where the trial judge declined even to examine the documents after reviewing the documents?
MultiRegion, United States of America
The following excerpt is from United States v. Campbell, 426 F.2d 547 (2nd Cir. 1970):
Beyond all this is the point that what we have here is not a case where the trial judge exercised his discretion after reviewing the documents but one where he declined even to examine them once defense counsel had conceded that the file did not "contain Matthews' signature
[426 F.2d 555]
asking for this treatment and promising to cooperate if he received it" or "show that these decisions were arrived at after a conference with Matthews." Despite counsel's concessions his offer of proof sufficiently demonstrated the relevancy of the files, and he was entitled to admission at least of the parts I have summarized unless the trial judge, in the exercise of his discretion, determined to exclude them as unduly time consuming even under the stringent standards of Gordon v. United States, supra, 344 U.S. 414, 73 S.Ct. 369, 97 L.Ed. 447. I do not believe that, applying the proper legal standard, he would or even could have done so.[426 F.2d 555]
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