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: Fourth Circuit Blog

Government Can?t Waive First Closing Argument and Keep Rebuttal

By Jonathan Byrne

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US v Smith: Smith went to trial on two charges of possession of meth with intent to distribute arising from two separate incidents a month apart ? the first involved just a ?detectable? amount of meth, while the second charged more than 50 grams were involved. After the presentation of evidence, the Government stated that it only wanted to make a single closing argument in rebuttal to Smith?s. Smith objected, arguing that if the Government wanted to give up its initial closing argument it must also forfeit its rebuttal. The district court disagreed and granted the Government?s wish. During his closing argument Smith conceded he possessed the meth, but argued that he lacked the intent to distributed it, the larger second amount having been the result of buying in bulk...continue to full post

Full post as published by Fourth Circuit Blog on July 01, 2020 (boomark / email).