Case Detail
CitationUnited States v. Curry, 328 F.3d 970 (8th Cir. 2003)
CrimeSex crimes
StateSD
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial Year2001
BodyTrial court
OpinionDefendant received a new trial because the prosecution "failed to disclose" impeachment evidence of the key witness. Additionally, the District Court found that the prosecutor improperly gave his opinion of the defendant's credibility and asked the jurors to "place the jurors in the victim's place." "The government's case was not overwhelming. The case was based on the credibility of the witnesses and the prosecutor's comments presented his personal feeling that the defendant was a liar and should be convicted for that reason. The comments regarding defendant's credibility, coupled with the prosecutor's attempt to place jurors in the victim's place, deprived defendant of his right to a fair trial."
Determination YearUKN
Misconduct TypePT: Brady
TR: Inflammatory
TR: Misstating
C/S EffectBar evidence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/20031298328F3d970_11169