Appellate Law

Not a 4/1 joke: 5th reverses for improper bolstering

By S. COTUS

DotD reports here.  It wasn?t even properly preserved.  Why the AUSA would say what he said, nobody knows.  The Fifth concludes with:

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.

So, how long will it be before "a slap-on-the-wrist in obiter dicta" become the rule of the day again?

Full post as published by Appellate Law and Practice on April 01, 2008 (boomark / email).