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Judge Allows Zoom Testimony, Denies Directed Verdict and Rejects 'Knife' Definition in State v. Angel Miguel Cepeda
Summary
At a criminal trial over an alleged assault, the court allowed a barber-shop owner to testify by Zoom, denied the defense's motion for a directed verdict on the weapon element and declined to include a statutory definition of "knife" in the jury charge after objections.
The court in State of Texas v. Angel Miguel Cepeda allowed a barbershop owner to testify remotely by Zoom, denied the defense's motion for a directed verdict on the weapon element and announced it would not include a statutory definition of "knife" in the jury instructions after defense objection. Judge presiding over the trial said, "The court is gonna allow him to testify by Zoom." The action came during ongoing testimony and pre-charge argument on whether the state had proved the weapon element of the indictment.
Why this matters: The question whether the object used meets the statutory or common-law definition of a knife bears directly on a charged offense that alleges use of a blade. Jury instructions about legal definitions could affect the elements the jury must find beyond a reasonable doubt.
During a bench ruling before the jury returned, John Wright Meyer, defense…
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