I wrote in May about a Hinds County medical malpractice trial where the jury was given the wrong set of written instructions. Here is the post.
Last week Hinds Circuit Court Judge Jeff Weill ordered a new trial in the case. Here is Judge Weill’s order and judgment.
The order solved one mystery: it was Plaintiff’s counsel who accidentally walked off with the real jury instructions at the end of the trial. Judge Weil concludes:
The Court does note that the series of mistakes that resulted from the Plaintiff’s removal of the jury instructions are of no fault, whatsoever, of the Defendant’s. However, the Court finds that a new trial is warranted for the reasons given.
The ruling seems to be at least a partial win for the defendant. The plaintiff wanted a mistrial instead of a new trial.
The question of whether this should have been a mistrial or a new trial seems like a picayunish topic that only a law school professor or bar examiner could love.