MARZETTE

v.

UNITED STATES

Citator

Cited By (23 total)

• United States v. Gallagher, 576 F.2d 1028 (3d Cir. 1978)
  …’s instruction to ignore, for the purposes of determining guilt or innocence, any statements made during opening by counsel. The Second Circuit has reached a similar conclusion. In United States v. White, 486 F. 2d 204 (2d Cir. 1973), cert. denied, 415 U.S. 980, 94 S.Ct. 1569, 39 L.Ed.2d 876 (1974), defendant appealed from a conviction based on the prosecutor’s statement that defendant was guilty and had lied. The court, noting (with) disapproval, the statement, nevertheless affirmed the conviction since t…
• United States v. Ashley, 555 F.2d 462 (5th Cir. 1977)
  …equired to convict the appellants. Under these charges, for Ashley to have been convicted, which he was, the jury had to believe Dean’s identification beyond a reasonable doubt. Compare, United States v. Lewis, 5 Cir. 1973, 485 F. 2d 236, cert. den. 415 U.S. 980, 94 S.Ct. 1569, 39 L.Ed.2d 876. We do not intimate what our decision would have been had a specific instruction been requested and refused. That question awaits a proper case. 8. We are not persuaded that the District Court erred in refusing to giv…
• United States v. Capone, 683 F.2d 582 (1st Cir. 1982)
  …cutor somewhat greater leeway in rebuttal. See United States v. Medina, 455 F. 2d 209, 210 (1st Cir. 1971) (criticism of Government witnesses may invite zealous rejoinder); cf. United States v. White, 486 F. 2d 204, 206 (2d Cir. 1973), cert. denied, 415 U.S. 980, 94 S.Ct. 1569, 39 L.Ed.2d 876 (1974) (dictum) (intemperate remarks at end of a long and hotly contested trial are harmless error.) United States v. Flaherty, 668 F. 2d 566, 598 (1st Cir. 1981). Such circumstances do not make what is improper prope…