· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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