SINN

v.

OWENS

Citator

Cited By (34 total)

• United States v. Gwaltney, 790 F.2d 1378 (9th Cir. 1986)
  …error.” Id. See also United States v. Birges, 723 F. 2d 666, 672 (9th Cir.) (“Improprieties in counsel’s arguments to the jury do not constitute reversible error ‘unless they are so gross as probably to prejudice the defendant....’”), cert. denied, 466 U.S. 943, 104 S.Ct. 1926, 80 L.Ed.2d 472 (1984), quoting, United States v. Parker, 549 F. 2d 1217, 1222 (9th Cir.), cert. denied, 430 U.S. 971, 97 S.Ct. 1659, 52 L.Ed.2d 365 (1977). The “invited reply” or “invited response” rule has been invoked to ensure in…
• United States v. Vaccaro, 816 F.2d 443 (9th Cir. 1987)
  …e so gross as to have probably prejudiced the defendants and the prejudice was not neutralized by the trial judge. United States v. Lester, 749 F. 2d 1288, 1301 (9th Cir.1984); United States v. Birges, 723 F. 2d 666, 671-72 (9th Cir.), cert. denied, 466 U.S. 943, 104 S.Ct. 1926, 80 L.Ed.2d 472 and 469 U.S. 863, 105 S.Ct. 200, 83 L.Ed.2d 131 (1984). In this case, attorneys for both sides were vehement. We have carefully examined the statements made by the prosecution that the defendants claim were prejudici…

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• United States v. Endicott, 803 F.2d 506 (9th Cir. 1986)
  …mproper prosecutorial comments “by admonishing counsel to refrain from such remarks or by giving appropriate curative instructions to the jury.” McKoy, 771 F. 2d at 1213; see also United States v. Birges, 723 F. 2d 666, 672 (9th Cir.), cert. denied, 466 U.S. 943, 104 S.Ct. 1926, 80 L.Ed.2d 472 (1984). While the prosecutor did not profess personal knowledge of the truthfulness of Trudo’s account, his remarks could possibly have indicated to the jury that the Government possessed additional information not av…