What is the test for reversal of a finding of guilty of gross misconduct in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Catalano, 974 F.2d 1343 (9th Cir. 1992):
"Prosecutorial misconduct does not require reversal unless the misconduct deprives the defendant of a fair trial. In evaluating whether the error affected the fairness of the trial, the possible prejudicial effect of the alleged misconduct must be judged in the context of the entire trial." United States v. Sanchez-Robles, 927 F.2d 1070, 1077 (9th Cir.1991) (citations and quotations omitted). Reversal is not required if the misconduct was isolated and not inflammatory. Id.
"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 there any case law supporting a finding that there is no case law in favour of establishing that there was independent, unforeseeable criminal misconduct of a third party? (MultiRegion, United States of America)
Is there any case law where a criminal defendant has been found guilty of misconduct under the Criminal Code for failing to report an administrative error? (MultiRegion, United States of America)
Is there any case law where a criminal defendant has been found guilty of misconduct under the Criminal Code Act for failing to report an administrative error? (MultiRegion, United States of America)
Is there any case law where a criminal defendant has been found guilty of misconduct under the Criminal Code of Civil Procedure for failing to notify the court of an administrative error? (MultiRegion, United States of America)
In what circumstances will police officers be immune from prosecution if they are found guilty of gross misconduct in a civil case? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does a jury have any authority or authority to overturn a finding of reversible error or reversal of judgement in an assault case? (MultiRegion, United States of America)
Does the timing of a guilty finding in a criminal case affect a retaliation claim? (MultiRegion, United States of America)
What is the test for reversing a criminal conviction in a federal criminal case where a prosecutor made inappropriate remarks to a defendant? (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)
