What is the test for reversible error in criminal law?
MultiRegion, United States of America
The following excerpt is from U.S. v. Christophe, 833 F.2d 1296 (9th Cir. 1987):
For reversible error on prosecutorial misconduct, a defendant must establish: (1) the existence of prosecutorial misconduct; (2) that the issue was preserved for appeal; and (3) that defendant was prejudiced by the misconduct. United States v. Berry, 627 F.2d 193, 197 (9th Cir.1980), cert. denied, 449 U.S. 1113, 101 S.Ct. 925, 66 L.Ed.2d 843 (1981).
"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 a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (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 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 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)
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)
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)
Is a superior court's failure to grant a motion requiring the superior court to grant notice of error reversible error? (MultiRegion, United States of America)
