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One court reverses due to unpreserved prosecutorial misconduct.

By S. COTUS

As I have said a few times, I believe that the First Circuit constantly gives green light to all sorts of prosecutorial misconduct.  Whenever a prosecutor reads the words ?harmless error? his natural inclination is to say, ?This means I can do it??  (Heck, judges say this, too ? and many judges think that ?harmless error? is a substantive rule of decision rather than a standard of review.) Anyway, Indignant Indigent describes, ?...People v Fredrick, 2008 NY Slip Op 06056 [4th Dept 7/ read more

Full post as published by Appellate Law and Practice on July 22, 2008 (boomark / email).