What is the test for establishing prejudice in a motion of appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bubar, 567 F.2d 192 (2nd Cir. 1977):
In order to prevail, the burden is on appellants to establish prejudice. United States v. Finkelstein, 526 F.2d 517, 525 (2 Cir. 1975), cert. denied, 425 U.S. 960 (1976). Under United States v. Corr, 543 F.2d 1042, 1052 (2 Cir. 1976), they must demonstrate that the prejudice was more than that they might have had a better chance for acquittal at a separate trial.
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