WARNER

v.

UNITED STATES

Citator

Cited By

• United States v. Jacoby, 955 F.2d 1527 (11th Cir. 1992)
  …oper nor unduly prejudicial, and do not require reversal. In each instance the prosecutor asked the jury to consider, and draw its conclusions from, the evidence in the case. See United States v. Moore, 710 F. 2d 157, 159 (4th Cir.), cert. denied, 464 U.S. 862, 104 S.Ct. 192, 78 L.Ed.2d 169 (1983). Moreover, the district court properly instructed the jury: “[Y]ou must consider only the evidence that I have admitted in this case;” “[r]e-member, folks, that any statements, objections or arguments ‘made by…
• United States v. Cooper, 827 F.2d 991 (4th Cir. 1987)
  …oper excess of advocacy when he called defense witnesses “liars.” The argument was quite improper — although perhaps well-founded — but it most certainly was not reversible error, see United States v. Moore, 710 F. 2d 157, 159 (4 Cir.) cert. denied, 464 U.S. 862, 104 S.Ct. 192, 78 L.Ed.2d 169 (1983), especially when it was provoked by defense counsel and the district court pointedly admonished the jury that counsel’s characterizations of credibility were argument and not evidence. AFFIRMED. . The text of…
• United States v. Taylor, 900 F.2d 779 (4th Cir. 1990)
  …in n. 4, government counsel said “Tony Phillips is not lying in this business.” While the direct expression of an advocate’s opinion as to the veracity of a witness is prohibited, United States v. Moore, 710 F. 2d 157, 159 (4th Cir.), cert. denied, 464 U.S. 862, 104 S.Ct. 192, 78 L.Ed.2d 169 (1983), even if the statement in issue in the context in which it was made is a direct expression of the attorney’s opinion on credibility, which is doubtful, there was no contemporaneous motion for a mistrial, so we d…