Mumphrey v. State

While not crucial to the analysis of the case, the majority almost initially makes the following observation: “A startling episode took place in the trial. Apparently, the accused tried to influence or intimidate the accomplice witness Steve Thomas. The district judge and the jury observed this ‘theatre in the round’ or ‘theatre in the pit’ to use trial lawyer’s jargon.” This is the actual occurrence:

[THE COURT:] All right. Now, one point, Mr. Mumphrey, let this be on the record, you got a right to be here and watch this testimony. That’s perfectly appropriate. But at one point I saw you…