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Convict "To End Cycle of Violence" Improper But Not Plain Error

By Shari Allison

United States v. Taylor, No. 06-1449 (10th Cir. Jan. 29, 2008) (published): The Tenth Circuit declines to find plain error even though it finds that a prosecutor's remark in his opening statements in Mr. Taylor's trial were inappropriate. Mr. Taylor was on trial for assault based on a fight he instigated on a reservation. In opening, the prosecutor urged the jury to find Mr. Taylor guilty in order "to end the cycle of violence" on the reservation. Mr. Taylor's counsel objected and the court issued a curative instruction, telling the jury that the statements of counsel were not evidence, etc. No further objection or other expression of dissatisfaction was made. After being found guilty, Mr. Taylor appealed, arguing that the curative instruction was insufficient to cure the prejudice from the statement...continue to full post

Full post as published by Tenth Circuit Blog on February 01, 2008 (boomark / email).