Case Detail
CitationUnited States v. Cruz, No. 06-20062, 2007 WL 2710400 (E.D. Mich. 2007)
CrimeNon-violent, other
StateMI
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial Year2006
BodyTrial court
OpinionProsecutor improperly commented on the defendant's decision not to testify at his own trial and not raise a defense. The comments "had a strong possibility of convincing the jury that Defendant must testify and present evidence in order for Defendant's theory of the case to be credited. Additionally, the AUSA's comments regarding Defendant's silence occurred in close proximity with Defendant's decision not to present a defense. ...These circumstances, coupled with the less than overwhelming evidence against Defendant, lead the Court to conclude that the interests of justice require a new trial."
Determination Year2007
Misconduct TypeT
C/S EffectNew trial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://bradheath.org/ire/justice-in-the-balance-supplement.pdf