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· 6/20/2024

Doris Weedon Irrevocable Trust v. Larimar US Virgin Is. Corp.

Citations

  • 2024 NY Slip Op 03409

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the prosecutor could discuss the concept of “grooming” in the absence of evidence regarding grooming because the concept was within the common knowledge of jurors
  • concluding that the State was not required to provide expert testimony of grooming when, in closing arguments, it discussed how the defendant, charged with child molestation, groomed the victim
  • concluding there was no reversible prosecutorial misconduct because the defendant “has not shown any prejudice incurable by a jury instruction,” since “[c]losing arguments are not evidence, and the jury here was given an instruction to that effect”
  • “Closing arguments are not evidence, and the jury here was given an instruction to that effect. Jurors are presumed to follow the court’s instructions.” (citation omitted)
  • when a prosecutorial misconduct claim is made in the context of a PRP, the petitioner has an additional “hurdle” of showing actual and substantial prejudice
  • when a prosecutorial misconduct claim is made in the context of a PRP, the petitioner has an additional “hurdle” of showing actual and substantial prejudice

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.