21.   Judges never mention the power to nullify in their jury instructions.

22.   Lynam registered numerous objections for the record with Strand, citing various jury instructions the defense either opposed or preferred to be altered.

23.   McBryde answered with a copy of the jury instructions.

24.   Michael R. Dreeben, a deputy solicitor general representing the government, said the jury instruction proposed by the defense had been properly excluded.

25.   Newton was convicted of voluntary manslaughter in connection with the shooting, but an appeals court ruled that the judge erred in jury instructions.

26.   Nevertheless, it overturned his original death sentence because of flawed jury instructions.

27.   Prosecutors, and the jury instructions, define a material statement as one capable of influencing the decision of a financial institution in a generic sense.

28.   Respondent raised below a challenge to the jury instructions, but the Court of Appeals found it unnecessary to decide.

29.   Strand gave no indication whether the objections would result in changes to the jury instructions.

30.   That is why prosecutors have asked the judge for the controversial jury instruction to let it know the government tried to call three witnesses who refused to testify.