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Appeals court considers whether prior order was mischaracterized in jury instruction

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Summary

In Marks v. Brooks the appellant argued the trial judge mischaracterized a prior injunction/order when instructing the jury (including implying a mutual order and status‑quo language), producing prejudice; appellee counsel said the instruction tracked the prior appeals‑court decision and was within the judge’s discretion.

Boston — The appeals court on Tuesday heard argument in Marks v. Brooks over whether the trial judge’s reading and paraphrase of a prior order to the jury misstated the underlying injunction and prejudiced the defendant.

Appellant counsel Howard D’Amico argued the trial judge did not simply read the prior order but paraphrased and added interpretive language — including…

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