US v. Harrison, No. 08-10391

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.

Read US v. Harrison, No. 08-10391

Appellate Information

Argued and Submitted May 13, 2009

Filed August 19, 2009

Judges

Opinion by Judge Kozinski

Partial Concurrence and Partial Dissent by Judge Bybee

Counsel

For Appellant:

Peter C. Wolff, Jr., Office of the Federal Public Defender, Honolulu, HI

For Appellee:

Lawrence L. Tong, Assistant United States Attorney, Honolulu, HI