What is the test for a motion for a new trial based on prosecutorial misconduct?

MultiRegion, United States of America

The following excerpt is from U.S. v. Glover, 83 F.3d 429 (9th Cir. 1996):

To successfully move for a new trial based on prosecutorial misconduct, a defendant must show that it is "more probable than not that the [prosecutorial] misconduct materially affected the verdict." United States v. Hinton, 31 F.3d 817, 824 (9th Cir.1994) (citing to United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987). Reversal will only be necessary if the alleged prosecutorial misconduct actually deprived the defendant of a fair trial. United States v. Yarbrough, 852 F.2d 1522, 1539 (9th Cir.1988), cert. denied, 488 U.S. 866, 109 S.Ct. 171, 102 L.Ed.2d 140 (1988). The prosecutor's alleged misconduct must be evaluated in the context of the entire trial. Id. We find significant and may defer to the trial court's view of the prosecutor's conduct. United States v. Sanchez-Robles, 927 F.2d 1070, 1077 (9th Cir.1991) (quotation omitted).

Other Questions


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)
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)
What is the legal test for a motion for a new trial based on alleged prosecutorial misconduct? (MultiRegion, United States of America)
Is a motion to dismiss an indictment based on alleged prosecutorial misconduct before the grand jury properly appealed? (MultiRegion, United States of America)
Is there any reason to deny Mathieu's motion for 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 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)
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)
What is the test for a motion to grant a new trial based on newly discovered evidence of trial perjury? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.