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April 01, 2008

Not a 4/1 joke: 5th reverses for improper bolstering

DotD reports here.  It wasn’t even properly preserved.  Why the AUSA would say what he said, nobody knows.  The Fifth concludes with:

We cannot permit the prosecutor’s remarks to be swept under the rug by the broom of the harmless error doctrine. In this case, a slap-on-the-wrist in obiter dicta will not suffice.

So, how long will it be before "a slap-on-the-wrist in obiter dicta" become the rule of the day again?

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