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: Fifth Circuit Blog

Prosecutor's Misleading Rebuttal Argument at Trial Not Plain Error

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United States v. Vargas, No. 08-40704 (5th Cir. Aug. 21, 2009) (Higginbotham, Smith, Southwick)If a prosecutor successfully moves in limine to exclude from evidence an exculpatory statement that the defendant made at the time of his arrest, may she nevertheless strongly imply in the rebuttal portion of her closing argument that the defendant did not try to exculpate himself when he was arrested?

Full post as published by Fifth Circuit Blog on August 24, 2009 (boomark / email).

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