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Ninth Circuit· 3/2/2016

United States v. Rogelio Lemus

Citations

  • 847 F.3d 1016
  • 2016 WL 8064354

How courts have described this case

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

  • vacating the jury’s 50 gram finding because the government only offered an FBI agent’s testimony concerning the range of purity of methamphetamine previously purchased in the area by the FBI
  • “[A] mistrial is appropriate only where there has been so much prejudice that an instruction is unlikely to cure it.”
  • “A decision to not declare a mistrial will be reversed only if the improper comment, viewed in the context of the entire trial, more likely than not materially affected the verdict.”
  • “When the court strikes testimony and gives . . . an instruction [to disregard it], there is a strong presumption that the jury has followed the court’s instruction.” (alterations in original) (internal quotation marks omitted)
  • “The Double Jeopardy Clause forbids a second trial ... ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Paez, Smith

Read full opinion on CourtListener

Other cases named United States v. Rogelio Lemus

2 other CourtListener records share this case name.

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.