United States v. Eric J. Monaghan

The propriety of the prosecutor’s closing remarks to the jury, an issue raised not infrequently in appeals, is the question *1436here. Appellant Monaghan contends that the prosecutor made impermissible references to his decision not to take the witness stand, and that the prosecutor attempted to inflame the passions and prejudices of the jury. We conclude that the statements in question did not infringe appellant’s fifth amendment privilege against self-incrimination or due process rights; we therefore affirm the conviction.

I

Appellant Eric Monaghan was charged in a six count1 indictment with…