United States v. Joiner

Chattanooga, Tenn. police say defendant confessed in unrecorded interrogation to stealing gun. There is no other proof, and the defendant denies confessing. On the stand, the prosecutor repeatedly calls the defendant a liar, forces him to characterize the officers’ testimony as a lie. He’s convicted. Sixth Circuit: The prosecutor’s comments were plainly improper but not flagrantly so. Moreover, defense counsel only objected to some of them. No need for a new trial. Dissent: “I would not rest twenty years of imprisonment on a missed objection.” (More on improper-but-not-flagrant conduct at Sixth Circuit Blog.)

Tags: 2018, Firearms, Police, Sixth Circuit

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