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· 7/17/2003

William G. Zuern, Petitioner-Appellee/cross-Appellant v. Arthur Tate, Warden, Respondent-Appellant/cross-Appellee

Citations

  • 336 F.3d 478
  • 2003 U.S. App. LEXIS 14331

How courts have described this case

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

  • noting that “whether the limiting instruction was immediate, clear, and forceful” is a factor to consider when determining whether a mistrial is warranted after an improper remark
  • noting that “whether the limiting instruction was immediate, clear, and forceful” is a factor to consider when determining whether a mistrial is warranted after an improper remark
  • lay witness’s unsolicited testimony that defendant was a “crazy man” who won’t hesitate to murder again did not warrant new trial
  • lay witness’s unsolicited testimony that defendant was a “crazy man” who won’t hesitate to murder again did not warrant new trial.
  • review of a state court’s denial of a mistrial requires application of a high standard: “reversal is not warranted unless the comment ‘was potentially so misleading and prejudicial that it deprived [the defendant] of a constitutionally fair trial’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boggs, Norris, Siler

Read full opinion on CourtListener

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.