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· 2/11/1998

Wilmer Paradise v. Cci Warden

Citations

  • 136 F.3d 331
  • 1998 U.S. App. LEXIS 1834
  • 1998 WL 51348

How courts have described this case

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

  • while a prosecutor is required to correct misrepresentations, a new trial is not necessary unless there is “a reasonable likelihood” the misrepresentation “affected the judgment of the jury”
  • “this court has consistently adhered to the principle that the ‘presumption of prosecutorial vindictiveness does not exist in a pretrial setting ’ ” (internal quotation marks omitted) (quoting United States v. White, 972 F.2d 16, 19 (2d Cir. 1992))
  • admission of potentially objectionable testimony harmless where other evidence proved issue
  • “[I]t is permissible for a prosecutor to threaten a defendant with additional charges should he refuse to plead, so long as the defendant is “’free to accept or reject the prosecution's offer.’ Bordenkircher v. Hayes, 434 U.S. 357, 363, 98 S.Ct. 663, 668, 54 L.Ed.2d 604 (1978

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Walker, Brieant

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.