Case Detail
CitationUnited States v. Gracia, 522 F.3d 597 (5th Cir. 2008)
CrimeDrug crimes
StateTX
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial YearUKN
BodyAppeals court
OpinionThe Fifth Circuit Court of Appeals reversed the defendant's conviction because the prosecutor "improperly bolstered its key witness" during rebuttal arguments, which "seriously affected the fairness, integrity and public reputation of those proceedings." The court concluded: "We cannot permit the prosecutor's remarks to be swept under the rug by the broom of the harmless error doctrine. In this case, a slap-on-the-wrist in obiter dicta will not suffice. The unmistakable misconduct in the bolstering of the government's witnesses at Gracia's trial is precisely the type of conduct that cannot be condoned."
Determination YearUKN
Misconduct TypeT
C/S EffectBar evidence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.ca5.uscourts.gov/opinions/pub/07/07-40245-CR0.wpd.pdf