United States Second Circuit

Defendant's murder conviction as to one victim is affirmed where defendant was denied due process by the prosecutors' gratuitous exploitation of his prejudicial nickname, "Murder," but this conduct did not prejudice defendant due to the strength of the evidence. However, defendant's murder conviction as to another victim is reversed where the prosecutorial misconduct resulted in prejudice.

Appellate Information

• Decided 10/08/2009
• Published 10/08/2009

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, WALKER and LEVAL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jeremy G. Epstein (Seth M. Kean, Grace Lee, Rebecca Boon, Of Counsel, on the brief), Shearman & Sterling LLP, New York, NY, for Defendant-Appellant., Ilene Jaroslaw, Assistant United States Attorney (Peter A. Norling, Assistant United States Attorney, on the brief), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.