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· 1/3/2003

United States v. John A. Gambone, Sr. A/K/A Jack John A. Gambone, Sr., United States of America v. Anthony Gambone A/K/A Tony Anthony Gambone

Citations

  • 314 F.3d 163
  • 2003 U.S. App. LEXIS 38
  • 91 A.F.T.R.2d (RIA) 330
  • 2002 WL 31911088

How courts have described this case

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

  • finding that because the weight of the evidence against the defendant was strong, any error resulting from the prosecutor’s improper statements was harmless
  • noting that “the prosecutor’s objectionable comment amounted to less than half of a page out of over 3200 pages of trial transcript” and “represented only a fleeting moment in a four-week trial”
  • reaffirming prior holdings “that probative evidence on the same issue as improper remarks may mitigate prejudice stemming from those remarks”
  • finding no prejudice where comments took up less than half a page out of 3200 pages of trial transcript
  • noting that prosecutorial misconduct must result in prejudice to defendant to be reversible
  • “[D]efense counsel did nothing improper by pointing out that the government did not prove every fact alleged in the indictment or raised in opening statements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Roth, Greenberg, Ward

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.