Portuondo v. Agard, No. 98-1170 (U.S. Supreme Court) (529 U.S. 61; 120 S.Ct. 1119) (March 6, 2000) (Justice Scalia)
In 1997, the Second Circuit held that a prosecutor may not, as part of her summation, use the mere fact of a defendant’s presence at his trial as the basis for impugning his credibility. In that case, Agard v. Portuondo, 117 F.3d 696 (2nd Cir. 1997) (see P&J, 8/18/97), a ...
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