Case Detail
CitationUnited States v. Scheer, 168 F.3d 445 (11th Cir. 1999)
CrimeNon-violent, other
StateFL
Pros. First NameLothar
Pros. Last NameGenge
FederalYes
Trial YearUKN
BodyAppeals court
OpinionDefendant was convicted in the United States District Court for the Southern District of Florida of misapplication of bank funds and making false statements for purpose of influencing a financial institution. The Eleventh Circuit Court of Appeals reversed the conviction due to the government's failure to disclose to defendant the prosecutor's intimidation of key prosecution witness: "Having reviewed the extensive record in this case, we conclude that the prosecutor's potentially intimidating remarks to a critical government witness undermines our confidence in the verdict such that, had information regarding this incident been known to Scheer at the time the incident allegedly occurred, there is a reasonable probability that the result of the proceeding would have been different."
Determination Year1999
Misconduct TypeP
C/S EffectVacate conviction or sentence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/1999613168F3d445_1544