United States Ninth Circuit

Defendant's assault conviction is affirmed in part where, although the prosecutors engaged in improper questioning during cross-examination and improper vouching during closing arguments, the court could not say the prosecutors' misconduct affected the outcome of the district court proceedings. However, defendant's conviction is reversed in part where the jury instruction on one count defined "force" out of the statute entirely by equating it with physical intimidation.

Appellate Information

• Argued 05/13/2009
• Decided 08/19/2009
• Published 08/19/2009

Judges

• Before:  ALEX KOZINSKI, Chief Judge, JAY S. BYBEE and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Edward H. Kubo, Jr., United States Attorney;  Lawrence L. Tong, Assistant United States Attorney, Honolulu, HI, for plaintiff-appellee the United States of America., Peter C. Wolff, Jr., Office of the Federal Public Defender, Honolulu, HI, for defendant-appellant Rex T. Harrison.