United States v. Kendrick Weatherspoon

TROTT, Circuit Judge;

Concurring in part and Dissenting in part:

I

Prosecutorial misconduct in the context of closing argument is entirely a creation of our “common law.” In examining these issues, we do not begin either with the plain language of any statute, or with a specific provision of the Constitution or the Bill of Rights. Instead, our warrant arises from the defendant’s broad right to a “fair trial” guaranteed by the Due Process Clause. As one might surmise, however, “[t]he line separating acceptable from improper advocacy is not easily drawn; there is often a gray'zone.” United States…