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Berger v. United States (1935): Difference between revisions
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(Created page with "{{Infobox Case Brief |court=Supreme Court of the United States |citation=295 U.S. 78 |date=April 15, 1935 |subject=Criminal Procedure |case_text_links={{Infobox Case Brief/Case Text Link |link=https://case-law.vlex.com/vid/berger-v-united-states-886855226 |case_text_source=v lex }}{{Infobox Case Brief/Case Text Link |link=https://www.loc.gov/item/usrep295078/ |case_text_source=Library of Congress }}{{Infobox Case Brief/Case Text Link |link=https://www.quimbee.com/cases/b...") |
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|date=April 15, 1935 | |date=April 15, 1935 | ||
|subject=Criminal Procedure | |subject=Criminal Procedure | ||
|appealed_from=2nd Circuit | |||
|facts=*Berger = man indicted in a federal court for conspiring to make & pass counterfeit money | |||
*Katz = a conspirator who became a state witness against Berger | |||
*Berger protested that Katz had framed him | |||
*[https://www.criminallegalnews.org/news/2023/mar/15/power-prosecutor-america-abuse-misconduct-unaccountability-and-miscarriages-justice/ Henry Singer] = prosecutor in the U.S. Attorney's office in Brooklyn, New York | |||
* | |||
|procedural_history=*At the criminal trial against Berger, the only witness against Berger was Katz | |||
*7 other witnesses vouched that Berger was an honest person | |||
*In the trial, the prosecutor Henry Singer mis-stated facts and suggested the witnesses that made statements which they hadn't; thus, Singer was accused of [https://www.quimbee.com/keyterms/prosecutorial-misconduct prosecutorial misconduct] | |||
*In the trial, Berger impugned the character of Berger repeatedly | |||
*The jury convicted Berger of conspiracy | |||
*On appeal, the 2nd Circuit upheld Berger's conviction. | |||
|issues=Is pronounced & persistent prosecutorial misconduct prejudicial & thus grounds for a new trial? | |||
|holding=Yes; the cumulative effect of pronounced & persistent prosecutorial mis-conduct probably prejudices the jury & is, thus, grounds for a new trial | |||
|judgment=Reversed | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://case-law.vlex.com/vid/berger-v-united-states-886855226 | |link=https://case-law.vlex.com/vid/berger-v-united-states-886855226 | ||
Latest revision as of 19:26, March 1, 2024
| Berger v. United States (1935) | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | 295 U.S. 78 |
| Date decided | April 15, 1935 |
| Appealed from | 2nd Circuit |
Facts
- Berger = man indicted in a federal court for conspiring to make & pass counterfeit money
- Katz = a conspirator who became a state witness against Berger
- Berger protested that Katz had framed him
- Henry Singer = prosecutor in the U.S. Attorney's office in Brooklyn, New York
Procedural History
- At the criminal trial against Berger, the only witness against Berger was Katz
- 7 other witnesses vouched that Berger was an honest person
- In the trial, the prosecutor Henry Singer mis-stated facts and suggested the witnesses that made statements which they hadn't; thus, Singer was accused of prosecutorial misconduct
- In the trial, Berger impugned the character of Berger repeatedly
- The jury convicted Berger of conspiracy
- On appeal, the 2nd Circuit upheld Berger's conviction.
Issues
Is pronounced & persistent prosecutorial misconduct prejudicial & thus grounds for a new trial?
Holding
Yes; the cumulative effect of pronounced & persistent prosecutorial mis-conduct probably prejudices the jury & is, thus, grounds for a new trial
Judgment
Reversed
Resources
