United States v. Tyrez Clark

How courts have described this case

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

• holding that no improper burden shifting occurred when prosecutor remarked upon defendant’s failure to call a witness in response to defense counsel’s assertion that the witness would not have corroborated testimony of another government witness
• concluding that the government’s rebuttal did not imply a shift in the burden of proof on the defendant to prove his innocence but rather \[fit was ... [a] fair comment designed to meet the defense counsel’s argument that the government omitted to call [a witness]\
• concluding that the government’s rebuttal did not imply a shift in the burden of proof on the defendant to prove his innocence but rather “[i]t was . . . [a] fair comment designed to meet the defense counsel’s argument that the government omitted to call [a witness]”
• finding no prosecutorial misconduct for the prosecutor’s comment that the defendant could have presented favorable evidence himself
• “ordinarily . . . the routine gathering of6 biographical data for booking purposes should not constitute interrogation under Miranda”
• ‘‘it would be improper for the prosecutor to suggest that the defendant had the burden of proof or any obligation to produce evidence to prove his innocence’’

Source: CourtListener parenthetical corpus (CC0).