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United States First Circuit


US v. Mare, 09-1146

Conviction for attempted arson is affirmed, where: 1) the district court's decision to admit testimony referring to a prior arson was not an abuse of discretion under Federal Rules of Evidence 403 or 404(b); and 2) the district court did not err in failing to declare a mistrial after the prosecutor began a line of questioning concerning polygraph evidence, as the jury did not hear the answer to the question, thanks to a swift objection, and the curative instruction that the court delivered to the jury was an appropriate remedy.

Appellate Information

  • Decided 02/09/2012
  • Published 02/09/2012

Judges

  • Howard

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Christie M. Charles, Randall E. Kromm

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