Is there any reason to deny Mathieu's motion for a new trial on the basis of prosecutorial misconduct?

MultiRegion, United States of America

The following excerpt is from United States v. Mathieu, No. 19-4238 (L), No. 20-480 (Con) (2nd Cir. 2021):

The district court did not abuse its discretion by denying Mathieu's motion for a new trial on the basis of prosecutorial misconduct. See United States v. Forbes, 790 F.3d 403, 406 (2d Cir. 2015) (reviewing a district court's denial of a Rule 33 motion for a new trial for abuse of discretion). First, Mathieu is unable to show that the prosecution's questions during cross-examination were improper. We have distinguished between cross-examination questions that compel a defendant

Page 6

to characterize a government witness as a liarwhich are improperand those that compel a defendant merely to characterize a government witness's testimony as mistaken. See United States v. Gaind, 31 F.3d 73, 77 (2d Cir. 1994) ("[T]here is a significant difference between these formulations. Asking a witness whether a previous witness who gave conflicting testimony is 'mistaken' highlights the objective conflict without requiring the witness to condemn the prior witness as a purveyor of deliberate falsehood, i.e., a 'liar.'"). The prosecution's questions here fall on the proper side of the line.2

Other Questions


Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the test for a motion for a reversal of a finding of not guilty on the basis of prosecutorial misconduct? (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)
What is the burden of seeking a new trial on the basis of prosecutorial misconduct? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial? (MultiRegion, United States of America)
On what basis can a motion be dismissed on the basis that the motion is invalid? (MultiRegion, United States of America)
What is the difference between a Motion to Dismiss on the eve of trial and a motion to dismiss on the grounds of speedy trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.