3rd Circuit Issues One Win for Prosecutors, One for Defense

Posted on Thursday 20 November 2008

The rule that prohibits a jury from hearing about a criminal co-defendant's confession doesn't apply in a non-jury trial because judges are capable of applying a rule of limited admissibility, the 3rd Circuit has ruled. In a second opinion authored by the same judge, the 3rd Circuit overturned a federal conviction for illegal gun possession after finding that the prosecutor's "repeated injection of prejudicial drug evidence into the trial testimony constituted prosecutorial misconduct."

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