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· 5/27/1889

Lester v. Mann

Citations

  • 5 N.Y.S. 513
  • 1 Silv. Sup. 516
  • 24 N.Y. St. Rep. 501
  • 1889 N.Y. Misc. LEXIS 2491

How courts have described this case

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

  • concluding that prosecutorial misconduct, including invoking the Bible and using the phrase “an eye for an eye” during closing argument, along with other errors, “created a negative synergistic effect” that deprived the defendant of a fair trial
  • noting that under the circumstances of that case, prosecutor's threat of perjury conviction to defense witness constituted prosecutorial misconduct
  • stating that the “taking” element of section 211 has two components: (1) gaining control over the property; and (2) asportation
  • finding that \cumulative prejudice flowing from the combination of prosecutorial misconduct and other errors rendered defendant's trial fundamentally unfair\ and reversing judgment of guilt
  • finding that “cumulative prejudice flowing from the combination of prosecutorial misconduct and other errors rendered defendant’s trial fundamentally unfair” and reversing judgment of guilt
  • using term “prosecutorial error” because “the term prosecutorial ‘misconduct’ is somewhat of a misnomer to the extent that it suggests a prosecutor must act with a culpable state of mind”

Source: CourtListener parenthetical corpus (CC0).

Judges: Learned

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