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