Home -> Law Blog Directory -> Criminal Law Blogs -> Underdog

Criminal Law

: Underdog

When may a prosecutor reopen the case in chief?

By Marks & Katz, LLC

In the Fourth Circuit, "[t]he reopening of a criminal case after the close of evidence is within the discretion of the trial judge. See United States v. Walker, 772 F.2d 1172, 1177 (5th Cir. 1985); United States v. Molinares, 700 F.2d 647, 652 (11th Cir. 1983)." U.S. v. Paz, 927 F.2d 176, 176 (4th Cir. 1991).  The District of Columbia Court of Appeals allows the prosecution to reopen to introduce other crimes evidence where the defense waits until closing argument to contest an issue that the prosecution could have countered through other crimes evidence:  "We have pointed out that, as a matter of fairness, if a defendant defers contesting an issue, such as intent, until after the government has rested, the government is entitled to have the case reopened to put on other crimes evidence (if more probative than prejudicial) under a relevant Drew exception...continue to full post

Full post as published by Underdog on April 10, 2009 (boomark / email).