· 10/13/1983
United States v. Naylor R. Harrison, Jr., United States of America v. Jay C. Wissler
Citations
- 716 F.2d 1050
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the extent of the remarks and strength of other proof are to be considered in the prosecutorial misconduct calculation
- providing factors court is to consider in determining whether defendant was prejudiced
- outlining the following four factors: (1) the degree to which the remarks had a tendency to mislead the jury and prejudice the defendant; (2) whether the remarks were isolated or expansive; (3) the strength of the competent evidence to establish guilt absent the remarks; and (4
- whether improper prosecutorial remarks are prejudicial depends, in part, on whether the remarks were isolated or extensive
- where case against two drug defendants was already strong, stray improper remark by prosecutor during closing arguments was not prejudicial enough to warrant reversal, especially when judge offered curative instructions to jury.
Source: CourtListener parenthetical corpus (CC0).
Judges: Hall, Sprouse, Ervin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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