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
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