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.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
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:
Subscribe to:
Post Comments (Atom)
2 comments:
A Yankee fan should not be able to get a fair trial in New England.
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.
Post a Comment