MOORE ET AL.

v.

UNITED STATES

Citator

Cited By (17 total)

• United States v. Fleishman, 684 F.2d 1329 (9th Cir. 1982)
  …). A prosecutor may properly comment upon a defendant’s failure to present witnesses so long as it is not phrased as to call attention to defendant’s own failure to testify. United States v. Passaro, 624 F. 2d 938, 944 (9th Cir. 1980), cert. denied, 449 U.S. 1113, 101 S.Ct. 925, 66 L.Ed.2d 842 (1981). The comments that Fleishman finds objectionable did not directly refer to any of the appellants’ failure to take the stand.16 The comments refer to the defense counsel, rather than the appel [*1344] lants by di…
• United States v. Inocenio Guterrez Perez, 658 F.2d 654 (9th Cir. 1981)
  …. 1583, 55 L.Ed.2d 804 (1978). Because it is the trial judge who views juror conduct firsthand, reversal is only appropriate upon a demonstration of abuse of discretion. See 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); United States v. Avila-Macias, 577 F. 2d 1384, 1387 (9th Cir. 1978). Our review of the record supports the trial court’s ruling. The dismissal was based on the form and procedure of Kim’s conduct and the cour…
• United States v. Polizzi, 801 F.2d 1543 (9th Cir. 1986)
  …ained Matranga’s objection and instructed the jury to disregard the statement. The court’s curative instruction was adequate to render the prosecutor’s misconduct harmless. See United States v. Berry, 627 F. 2d 193, 200 (9th Cir.1980), cert. denied, 449 U.S. 1113, 101 S.Ct. 925, 66 L.Ed.2d 843 (1981) (court of appeals will not assume that the jury ignored curative instructions). Matranga cites Hance v. Zant, 696 F. 2d 940 (11th Cir.), cert. denied, 463 U.S. 1210, 103 S.Ct. 3544, 77 L.Ed.2d 1393 (1983), in s…