· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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