Is a prosecutor guilty of misconduct at both a grand jury proceeding and at trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Short, 872 F.2d 431 (9th Cir. 1989):
Finally, Short contends the prosecutor is guilty of misconduct at both the grand jury proceeding and at trial. We find no misconduct at the grand jury proceeding. As for the allegation of misconduct at trial, even if we concluded the prosecutor's comments were improper, they did not materially affect the verdict. See United States v. Solomon, 825 F.2d 1292, 1300 (9th Cir.1987), cert. denied, 108 S.Ct. 782 (1988).
The conviction is AFFIRMED.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a prosecutor's failure to instruct a grand jury concerning the evaluation and weight to be given an expert's testimony a violation of the prosecutor's duty as legal advisor to the grand jury? ("New York", United States of America)
Are there any cases where a prosecutor has been found guilty of misconduct in a grand jury? (MultiRegion, United States of America)
If a prosecutor takes part in grand jury proceedings in which a defendant gave false testimony, can he be found guilty of perjury? (MultiRegion, United States of America)
Can the failure of the trial court to inquire into the prosecutor's reasons for the peremptory exclusion of minority venirepersons from a trial without further proceedings? (MultiRegion, United States of America)
Is a plea of not guilty in a trial to the bench a functional equivalent of a motion for acquittal in a jury trial? (MultiRegion, United States of America)
What is the severity of a federal prosecutor's misconduct in the context of misrepresentation of testimony from a grand jury? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
Does a prosecutor's performance at a sexual assault trial affect the outcome of the trial? (MultiRegion, United States of America)
What is the test for misconduct in a criminal case where a prosecutor improperly referred to a defendant in a question at trial by mistake? (MultiRegion, United States of America)
Can a juror be found guilty of misconduct for failing to follow their instructions in a jury trial? (MultiRegion, United States of America)
