Case Detail
CitationUnited States v. Holmes, 413 F.3d 770 (8th Cir. 2004)
CrimeNon-violent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2003
BodyAppeals court
OpinionEighth Circuit Court of Appeals granted a new trial due to the prosecution's disparaging remarks against the defense attorney. We think that these various comments referring personally to [defense counsel] and the necessity for [him] to 'get his stories straight,' taken as a whole and in the context of the rebuttal argument, show that the government attorney was accusing defense counsel of conspiring with the defendant to fabricate his testimony. These types of statements are highly improper because they improperly encourage the jury to focus on the conduct and role of [the defendant's] attorney rather than on the evidence of [the defendant's] guilt. Such personal, unsubstantiated attacks on the character and ethics of opposing counsel have no place in the trial of any criminal or civil case."
Determination Year2004
Misconduct TypeT
C/S EffectNew trial
Pros. Misc. ReportedUKN
Sanction TypeUKN
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