Wednesday, September 21, 2016

"Any possibility of unfair prejudice was ameliorated when the district court explicitly instructed the Rhode Island jury not to hold Alcantara's wearing of a Yankees hat against him."

That was the First Circuit explaining why a New England jury could be fair in deciding whether a Yankee fan was guilty:
Alcantara's second claim of evidentiary error runs along
similar  lines.    He  argues  that  a  handful  of  references  to  his 
wearing a New York Yankees baseball cap prejudiced the jury (which
he assumes to have been composed of Boston Red Sox fans) against
him.  As an initial matter, all but two of the cited references
occurred  during  defense  counsel's  cross-examination.    In  any 
event,  this  testimony,  like  the  references  to  luxury  vehicles 
discussed  above,  was  relevant  to  the  witnesses'  knowledge  of 
Alcantara and his appearance.  Any possibility of unfair prejudice
was ameliorated when the district court explicitly instructed the
Rhode Island jury not to hold Alcantara's wearing of a Yankees hat
against him.

at

2 comments:

  1. Anonymous3:34 PM

    A Yankee fan should not be able to get a fair trial in New England.

    ReplyDelete
  2. Anonymous9:30 AM

    I am so sick of lying cops and false reports - the feds need to get involved. I propose Congress pass this statute:

    18 U.S.C. 1001A

    Whoever, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, in relation to any seizure within the meaning of the Fourth Amendment to the United States Constitution, knowingly and willfully—

    (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

    (2) makes any materially false, fictitious, or fraudulent statement or representation; or

    (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

    shall be fined under this title, imprisoned not more than 5 years or, if the violation under this section relates to an incident involving the use of deadly force by an individual acting under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, such person shall be sentenced to a term of imprisonment which may not be less than 3 years and not more than 10 years.

    ReplyDelete