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· 12/12/1985

United States v. Adam David Hernandez

Citations

  • 779 F.2d 456
  • 1985 U.S. App. LEXIS 25543

How courts have described this case

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

  • finding \no 'cumulative effect' problem\ where the defendant raised only a single prosecutorial remark on appeal and distinguishing cases where \the prosecutor has repeatedly made improper comments\
  • “[O]n appeal defendant raises only the single remark made -6- during the opening statement. Thus, there is no ‘cumulative effect’ problem in this case.”
  • prosecutor’s reference to evidence of which admissibility was seriously in question was improper
  • “[S]tatements and arguments of counsel are not evidence in the case . . . .” (internal quotation marks omitted)
  • improper remarks by prosecutor not prejudicial when remarks were not repeated, ample evidence of defendant's guilt was shown, and court took proper remedial action
  • relevant factors are cumulative effect of such misconduct, strength of properly admitted evidence of guilt, and district court's curative actions

Source: CourtListener parenthetical corpus (CC0).

Judges: Heaney, Bright, Bowman

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.