During the preliminary matters of the Kimberlin v. Walker, et al. trial, there was an extended discussion of The Dread Pro-Se Kimberlin’s criminal past that might have bearing on the case. Near the end of the first day’s session, Judge Johnson brought up the topic of jury instructions.
THE COURT: Now, there are no non-pattern jury instructions, are there?
MR. OSTRONIC: Not from the defense side, Your Honor.
MR. KIMBERLIN: Not that I know of.
THE COURT: They’re normal Maryland civil pattern jury instructions.
MR. KIMBERLIN: And we listed those I believe in our pre-trial.
THE COURT: You did list them in your pre-trial statements. Is there any other ticking time bomb — well, that’s a wrong metaphor. Are there any issues laying out there that are going to come up that you can envision?
MR. KIMBERLIN: I don’t think so.
THE COURT: Sometimes we have to be very careful in our selection of metaphors. I always call counsel to task when they tell me about black sheep in the family. I like black sheep. All right.
I hate to disagree with a judge who ruled in my favor, but I thought his metaphor was quite appropriate.