Eleventh Circuit· 7/1/1992

United States v. Carlos Simon

Citations

964 F.2d 1082
1992 U.S. App. LEXIS 14863
1992 WL 131177

How courts have described this case

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

holding that “although the prosecutor’s remarks were probably improper, the district court rendered any error harmless by the repeated instructions to the jury that the defendant had no burden to produce any evidence”
“A curative instruction purges the taint of a prejudicial remark because ‘a jury is presumed to follow jury instructions.’” (quoting Adams v. Wainwright, 709 F.2d 1443, 1447 (11th Cir. 1983)
“A curative instruction purges the taint of a prejudicial remark because ‘a jury is presumed to follow jury instructions.’” (quoting Adams v. Wainwright, 709 F.2d 1443, 1447 (11th Cir. 1983))
“In Rivera, we held that ‘the government may comment on a defendant's silence if it occurred prior to the time that he is arrested and given his Miranda warnings.’”
“This court has held that the prejudice from the comments of a prosecutor which may .result in a shifting of.the burden of proof can be cured -by a court’s instruction regarding the burden of proof.”
“[T]he prejudice from the comments of a prosecutor which may result in a shifting of the burden of proof can be cured by a court’s instruction regarding the burden of proof”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hatchett, Edmondson, Hill

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Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

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