In re Amphitheatre, Inc.

How courts have described this case

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

• limiting Schartner to its facts and stating per se rule is generally inapplicable to prosecutorial misconduct
• variance constitutes reversible error per se where it alters elements of the crime charged
• in criminal trial, any prejudice from “overly-dramatic, unnecessary characterizations” in government’s opening was neutralized by length of trial and curative jury instructions from the court
• ‘Whether or not proofs were ultimately adduced warranting such characterizations is irrelevant. Such characterizations add nothing to the legitimate education of the jury which is not afforded by the proper presentation of the facts to be proved.”
• three month trial involving seven defendants and twenty-six counts; violations of the Hobbs Act
• time discrepancy greater than one year

Source: CourtListener parenthetical corpus (CC0).