LOCAL UNION NO. 2812, LUMBER, PRODUCTION & INDUSTRIAL WORKERS

v.

MISSOULA WHITE PINE SASH CO.

Citator

Cited By (14 total)

• United States v. North, 910 F.2d 843 (D.C. Cir. 1990)
  …rant the reversal of any or all of his convictions. A. Legal Standard A prosecutor may not make “statements calculated to arouse the passions or prejudices of the jury,” United States v. Monaghan, 741 F. 2d 1434, 1440 (D.C.Cir.1984), cert. denied, 470 U.S. 1085, 105 S.Ct. 1847, 85 L.Ed.2d 146 (1985), or “statements of fact to the jury not supported by proper evidence introduced during trial,” United States v. Perholtz, 842 [*895] F. 2d 343, 360 (D.C.Cir.) (quoting Gaither v. United States, 413 F. 2d 1061,…

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• ORT v. Warden J.D. White, 813 F.2d 318 (11th Cir. 1987)
  …S.Ct. 2392, 2398, 69 L.Ed.2d 59 (1981). The amendment has also been found to proscribe the infliction of punishment grossly disproportionate to the severity of the offense. See id.; Soto v. Dickey, 744 F. 2d 1260, 1269 (7th Cir.1984), cert. denied, 470 U.S. 1085, 105 S.Ct. 1846, 85 L.Ed.2d 144 (1985). Eighth amendment principles apply not only to judicially imposed punishments, but also when conditions of confinement constitute the punishment at issue. See Rhodes, 452 U.S. at 347, 101 S.Ct. at 2399. The li…

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• United States v. Perholtz, 842 F.2d 343 (D.C. Cir. 1988)
  …ands. This, however, does [*361] not terminate the inquiry, since a reviewing court must decide whether the improper remarks caused substantial prejudice to the defendant, United States v. Monaghan, 741 F. 2d 1434, 1443 (D.C.Cir.1984), cert. denied, 470 U.S. 1085, 105 S.Ct. 1847, 85 L.Ed.2d 146 (1985); United States v. Kim, 595 F. 2d 755, 768 (D.C.Cir.1979), in light of the severity of the misconduct, the measures adopted to cure the misconduct, and the certainty of conviction absent the improper remarks. Mo…