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