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· 7/27/2023

Sills v. Moorings Prop., LLC

Citations

  • 2023 NY Slip Op 03957

How courts have described this case

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

  • concluding that the district court did not err in using dictionary definition to define “encourage” in § 1324(a)(1)(A)(iv) and including “to help” in the definition did not “render . . . superfluous” the other two subsections of § 1324
  • explaining that a “reasonable probability [] that, but for the remarks, the outcome of the trial would have been different” is necessary for reversal
  • explaining that “we will reverse only if the evidence is so prejudicial as to be incurable by that measure”
  • noting that “statements and arguments of counsel are not evidence” (quoting United States v. Smith, 918 F.2d 1551, 1562 (11th Cir. 1990))
  • stating that, where the district court takes proper curative measures, “we will reverse only if the evidence is so prejudicial as to be incurable by that measure.”
  • explaining that, where the district court instructs the jury that counsel’s statements are not evidence, “we will reverse only if the [statement] is so prejudicial as to be incurable”

Source: CourtListener parenthetical corpus (CC0).

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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.