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Duckett v. Mullin, No. 00-6292 (10th Cir.) (306 F.3d 982) (September 4, 2002) (Judge Carlos Lucero)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Improper Comments

Duckett v. Mullin, No. 00-6292 (10th Cir.) (306 F.3d 982) (September 4, 2002) (Judge Carlos Lucero) by Although a district attorney's "inappropriate" commentary at trial was intentional and calculated, a habeas petitioner could not show that prosecutorial misconduct so infected the trial as to make the proceeding fundamentally unfair. This …

U.S. v. Sanchez, No. 97-30002 (9th Cir.) (176 F.3d 1214) (June 1, 1999) (Judge Arthur L. Alarcon)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Improper Comments

U.S. v. Sanchez, No. 97-30002 (9th Cir.) (176 F.3d 1214) (June 1, 1999) (Judge Arthur L. Alarcon) by Here the Court reversed a conviction because it found that the prosecutor had committed at least six different types of prosecutorial misconduct "in an effort to destroy the defendant's credibility and in …

U.S. v. Francis, No. 97-1129 (6th Cir.) (170 F.3d 546) (February 25, 1999) (Judge Boyce F. Jr. Martin)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Improper Comments

U.S. v. Francis, No. 97-1129 (6th Cir.) (170 F.3d 546) (February 25, 1999) (Judge Boyce F. Jr. Martin) by This is an extremely rare case in which the Court vacated a conviction and granted a new trial because of the cumulative effect of a series of improper comments and arguments …

U.S. v. Wilson, No. 97-2122 (11th Cir.) (149 F.3d 1298) (August 13, 1998) (Judge James Larry Edmondson)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Improper Comments

U.S. v. Wilson, No. 97-2122 (11th Cir.) (149 F.3d 1298) (August 13, 1998) (Judge James Larry Edmondson) by This case addresses an all-too familiar problem: what can, or should, the courts do to deal with prosecutorial misconduct in the form of persistent improper comments in cases where there is overwhelming …

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Improper Comments

U.S. v. Boyd, No. 94-8074 (11th Cir.) (131 F.3d 951) (December 18, 1997) (Per Curiam) by Reflecting the dilemma created by the judicial rule that a defendant is not entitled to a reversal of his conviction based on improper comments by the prosecutor, the Court emphasized that such inaction "does …

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Improper Comments

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton) by

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Improper Comments

U.S. v. Roberts, No. 96-1933 (1st Cir.) (119 F.3d 1006) (July 24, 1997) (Judge Robert E. Keeton) by The prosecutor in this case was really cute. With brazenly insincere coquettishness, he kept reminding the jury of the very things that it should not consider when it retired to reach a …

U.S. v. Gatling, No. 95-3064 (D.C. Cir.) (96 F.3d 1511) (October 8, 1996) (Judge Patricia M. Wald)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Improper Comments

U.S. v. Gatling, No. 95-3064 (D.C. Cir.) (96 F.3d 1511) (October 8, 1996) (Judge Patricia M. Wald) by One issue addressed by the Court in this decision was alleged improper comments made by the prosecutor during summation. The Court emphasized that a conviction will be reversed for improper comments only …

U.S. v. Small, No. 93-3161 (D.C. Cir.) (74 F.3d 1276) (January 30, 1996) (Judge Judith W. Rogers)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Punch And Jurists, Improper Comments

U.S. v. Small, No. 93-3161 (D.C. Cir.) (74 F.3d 1276) (January 30, 1996) (Judge Judith W. Rogers) by Here the Court rejected defendant's claims that the prosecutor's improper comments during his opening and closing statements denied the defendant a right to a fair trial, although the Court was highly critical …