United States v. Samuel Yakobowicz, Docket No. 04-0201-cr (2d Cir. October 14, 2005) (Winter, Sotomayor, Parker): Sometimes those visiting judges are more trouble than they’re worth. Here, a visiting judge from the Northern District of Ohio, presiding over the defendant’s E.D.N.Y. trial for filing false tax returns, sua sponte adopted a trial procedure we’ve never seen in a criminal case — allowing the parties to make summations after the testimony of each witness. The Circuit ruled that even assuming that such a procedure is permissible in a particularly lengthy or complicated case, it was not warranted in this typical one. The Court also ruled, over Judge Sotomayor’s dissent, that the court’s error of allowing these “interim summations” constitutes a structural error requiring automatic reversal without harmless-error analysis.
The essential facts are thus. Yakobowicz was prosecuted for filing false excise tax returns and impeding the administration of tax …