Legal Opinion
United States v. Gabaldon
Court of Appeals for the Tenth Circuit
Decided July 26, 1996No. 95-2223PublishedCited by 59 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
We are asked to clarify the standard of appellate review for claimed prosecutorial trial misconduct. Defendant Steve Edward Gabaldon appeals his conviction for burglary, in violation of 18 U.S.C. §§ 1152 and 13 and N.M. Stat. Ann. § 30-16-3(A), and larceny, in violation of 18 U.S.C. §§ 1152 and 661. Mr. Gabaldon argues that the district court should have granted his motion for a mistrial on the basis of three instances of prosecutorial misconduct. We exercise jurisdiction under 28 U.S.C. § 1291. We affirm.
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Ron and John Abeita, cousins, lived across the road from one…
2Cases cited19 opinions
- Berger v. United StatesSupreme Court of the United States · 1935
- United States v. YoungSupreme Court of the United States · 1985
- United States v. HastingSupreme Court of the United States · 1983
- Greer v. MillerSupreme Court of the United States · 1987
- United States v. IvyCourt of Appeals for the Tenth Circuit · 1996
14 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- United States v. Pedro Villa-ChaparroCourt of Appeals for the Tenth Circuit · 1997
- United States v. TolesCourt of Appeals for the Tenth Circuit · 2002
- United States v. Lewis Samuel Gordon, Also Known as Chris JonstonCourt of Appeals for the Tenth Circuit · 1999
- United States v. LaHueCourt of Appeals for the Tenth Circuit · 2001
- United States v. CaballeroCourt of Appeals for the Tenth Circuit · 2002
54 more not listed; retrieve them via the Exa API.