Two of SCOGs witnesses in SCO v Novell contradicted each other between testimony and deposition and Judge Stewart is denying Novell the opportunity to inform the jury of that contradiction. That seems unfair on its face. Novell moved for a mistrial and was denied that as well. You can follow the details on GROKLAW. I was beginning to think the judge was being even-handed but this seems outrageous. SCOG’s case is falling apart and Novell cannot show the obvious holes to the jury. The final instructions to the jury will be drawn up by Judge stewart after submissions by SCOG and Novell. With this apparent bias, there is a huge opportunity for unfairness to lead the jury astray. Perhaps this will correct itself in a sound finding by the jury but without all the relevant evidence they may not be advised to view SCOG’s foot-guns in perspective.
Let us hope that, if SCOG continues to shoot itself in the feet, the judge will be unable to subvert justice further. Novell still has the potential for an insightful decision based on what already has been heard and the SCOTUS can still pull the rug out from under this trial.