Does a prosecutor's statement that it was a jury's duty to convict Defendant constitute prosecutorial misconduct?
MultiRegion, United States of America
The following excerpt is from United States v. Gomez, D.C. No. 3:10-cr-04587-W-1, No. 12-50018 (9th Cir. 2013):
Defendant argues that the prosecutor's statement that it was the jury's "duty" to convict Defendant amounted to prosecutorial misconduct under United States v. Sanchez, 176 F.3d 1214 (9th Cir. 1999). Because Defendant did not object, we review for plain error. Hayat, 710 F.3d at 893. In any event, we conclude that there was no error.
Defendant's argument rests solely on our decision in Sanchez. In that case, the prosecutor argued:
Page 19
"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
Does a prosecutor's statement in rebuttal to a finding that a jury convicted a defendant of sexual assault have the authority to grant a new trial? (MultiRegion, United States of America)
What is the test for misconduct in a criminal case when a defendant is convicted of assault by reason of gross negligence due to comments made by a prosecutor during the trial? (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)
Is a jury who used a magnifying glass during a jury trial wrongfully convicted of misconduct? (MultiRegion, United States of America)
What is the test for a jury to convict a defendant who was convicted of perverting the course of justice in a sexual assault case? (MultiRegion, United States of America)
If a jury convicted Driggers of the murder of his ex-wife by reason of interstate travel, can the jury convict him of the crime even if the interstate travel was utterly unrelated to the murder scheme? (MultiRegion, United States of America)
Does a prosecutor's mention of "uncontradicted or unrefuted" evidence constitute improper commentary by the prosecutor on defendant's failure to testify? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
Does a prosecutor's statement in a civil case constitute a constitutional violation? (MultiRegion, United States of America)
Is a prosecutor's failure to instruct a grand jury concerning the evaluation and weight to be given an expert's testimony a violation of the prosecutor's duty as legal advisor to the grand jury? ("New York", United States of America)
