Does a statement that defendants were guilty on all counts of sexual assault constitute an exhortation to find them guilty based on the evidence?
MultiRegion, United States of America
The following excerpt is from United States v. Steele, 17-464-cr (2nd Cir. 2018):
than an exhortation to find [the defendant] guilty based on the evidence." United States v. Perez, 144 F.3d 204, 210 (2d Cir. 1998) (internal quotation marks omitted); see also United States v. Miller, 116 F.3d 641, 683 (2d Cir. 1997) ("We doubt that the statement that [defendants] were 'guilty on all counts' would have been viewed by the jury as more than an exhortation to find them guilty based on the evidence.").
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