· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.