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· 10/30/1981

United States v. Gaetano Modica

Citations

  • 663 F.2d 1173
  • 1981 U.S. App. LEXIS 16444

How courts have described this case

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

  • holding that once automobile seized, owner “lost any expectation of privacy, at least as to the very article contained in the car that justified forfeiture”
  • holding that “if proof of guilt is strong, then the prejudicial effect of the [prosecutor’s] comments tends to be deemed insubstantial”
  • noting that four improper remarks made in rebuttal were aberrational misconduct that did not demand reversal
  • noting that prosecutor’s occasional use of phrases such as “I’m telling you” or “I suggest to you” would “simply [be] fair argument”
  • stating that the reviewing court first must ask whether the improper comments were minor aberrations in a prolonged trial or cumulative evidence of a proceeding dominated by passion and prejudice
  • finding a similar intent to inflame when the prosecutor pleaded with the jury not to let the defendant “walk out of this room laughing at you”

Source: CourtListener parenthetical corpus (CC0).

Judges: Timbers, Newman, Sofaer

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.