What is the test for a motion for a new trial based on prosecution misconduct?
MultiRegion, United States of America
The following excerpt is from U.S. v. Salemo, 82 F.3d 424 (9th Cir. 1996):
To prevail on a motion for new trial based on prosecution misconduct, a defendant must show prosecution misconduct which more probably than not materially affected the fairness of the trial. United States v. Smith, 893 F.2d 1573, 1583 (9th Cir.1990). When the defense does not object to the prosecutor's conduct, we must review for plain error. United States v. Young, 470 U.S. 1, 14-16 (1985).
A. The Prosecutor Did Not Commit Misconduct
"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 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)
Is a juror's conversation with a prosecution witness during the trial of a defendant's motion for a motion for mistrial reviewed on appeal? (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)
What is the test for a motion for a new trial based on prosecutorial misconduct? (MultiRegion, United States of America)
What is the test for a motion for a new trial where newly discovered evidence indicates perjury by a prosecution witness at 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 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)
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)
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)
