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Appellate Law

: Appellate Law and Practice

CA1: AEDPA leads to another prosecutorial misconduct green light

By S. COTUS

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Dagley v. Russo, No. 07-2059 is an affirmance of a habeas denial on the basis of prosecutorial misconduct in the form of prejudicial misstatements during closing arguments that didn?t get a curative instruction, thinking that a jury of non-lawyers would get confused.  The First has sent a clear message that prosecutors can do whatever they want, and this case is no exception.  (There seems to be one recent exception to this rule, which I reported on here.) I guess I have to pretend read more

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Full post as published by Appellate Law and Practice on August 15, 2008 (boomark / email).

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