United States v. Acosta

A jury convicted Morales-Montanez and Acosta of possession with intent to distribute 500 grams or more of methamphetamine. The Sixth Circuit held that there was sufficient evidence to support the convictions, but vacated, finding that remarks made by the prosecutor rose to the level of flagrant misconduct and deprived Morales-Montanez and Acosta of a fair trial, The prosecutor’s misconduct included “vouching,” by referring to a detective’s “fine work,” voicing his opinion that two key defense witnesses lacked credibility, and commenting on the defendant’s religious practices and beliefs. The remarks were not incidental and were apparently intentional. The evidence against the two was not overwhelming, and any one or several of the prosecutor’s improper comments may have tipped the balance toward conviction. View "United States v. Acosta" on Justia Law