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· 4/30/2024

Douglas Pell v. Amy Nunez

Citations

  • 99 F.4th 1128

How courts have described this case

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

  • holding that a prosecutor engaged in vouching when directly telling the jury whether witnesses were being truthful
  • finding that improper vouching presented a strong possibility of prejudice where the case was not particularly strong and there was no adequate curative jury instruction
  • explaining that vouching is forbidden because a jury “may be inclined to give weight to the prosecutor’s opinion . . . instead of making the independent judgment of credibility to which the defendant is entitled”
  • condemning “prosecutorial statements designed to appeal to the passions, fears and vulnerabilities of the jury”
  • noting importance of the strength of the case against a defendant in measuring prejudi- cial effect of improper statements
  • explaining prosecutorial misconduct is less likely to affect a case supported by strong evidence of guilt

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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.