The following excerpt is from United States v. Roy, 10-1773-cr (2nd Cir. 2011):
standing alone, would not justify a reviewing court to reverse a criminal conviction obtained in an otherwise fair proceeding." United States v. Young, 470 U.S. 1, 11-12 (1985). To warrant reversal, prosecutorial misconduct must cause the defendant such substantial prejudice as to deny the defendant due process. United States v. Carr, 424 F.3d 213, 227 (2d Cir. 2005). We review the district court's denial of a motion for mistrial for abuse of discretion. United States v. Smith, 426 F.3d 567, 571 (2d Cir. 2005).
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.