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
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.