United States Sixth Circuit

Defendant police officers' convictions for assaulting a suspect are affirmed, where: 1) the prosecutor did not commit misconduct by referring to another officer's related guilty plea, because the prosecutor did so to address the officer's credibility; and 2) the District Court did not err in declining to adopt Defendants' reasonable force instruction.

Appellate Information

• Decided 03/30/2009
• Published 03/30/2009

Judges

• Before:  GUY, SUHRHEINRICH, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Steven F. Fishman, Law Office, Detroit, Michigan, Michael C. Naughton, Law Offices, Detroit, Michigan, Spiros P. Cocoves, Law Office, Toledo, Ohio, Scott C. Holbrook, Baker & Hostetler, Cleveland, Ohio, for Defendant.  Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, for Plaintiff.   ON BRIEF:  Steven F. Fishman, Law Office, Detroit, Michigan, Spiros P. Cocoves, Law Office, Toledo, Ohio, Scott C. Holbrook, Daniel R. Warren, Baker & Hostetler, Cleveland, Ohio, James C. Thomas, Plunkett & Cooney, Detroit, Michigan, for Defendant.  Daniel R. Hurley, Assistant United States Attorney, Detroit, Michigan, Angela M. Miller, Diane K. Flynn, United States Department of Justice, Washington, D.C., for Plaintiff.