Case Detail
CitationUnited States v. Lopez-Benitez, 199 F.3d 437 (5th Cir. 1999)
CrimeDrug crimes
StateTX
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial Year1998
BodyAppeals court
OpinionFifth Circuit Court found prosecutorial misconduct because the defendant's right to a fair trial had been prejudiced. The prosecutor asked the defendant whether he was read his Miranda rights and whether he had asked for an attorney after being arrested. "[T]he mere posing of these questions seriously undermined" the defendant's defense.
Determination Year1999
Misconduct TypeT
C/S EffectBar evidence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://bradheath.org/ire/justice-in-the-balance-supplement.pdf