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U.S. v. Gartmon, No. 96-3102 (D.C. Cir.) (146 F.3d 1015) (July 14, 1998) (Judge Merrick B. Garland)

Here the Court established three factors to be considered in determining whether a defendant has suffered sufficient prejudice to warrant a new trial, based on a misstatement of fact to the jury not supported by the evidence.

The Court held that the three factors that must be considered are: "the ...

 

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