United States v. Williams
2012 U.S. App. LEXIS 17156
| 2d Cir. | 2012Background
- Williams convicted in EDNY after two-day jury trial of unlawful possession of a firearm by a felon; prosecution argued gun evidence and witness testimony established guilt; defense predicted officer perjury and argued inconsistencies; officers Brennan and Devaney testified to Williams firing a gun and discarding the weapon; gun and shell casings recovered; defense highlighted lack of DNA/fingerprints and absence of civilian witnesses; defense argued there was no credible story beyond reasonable doubt; defense did not object to prosecutorial statements at issue; district court instructed burden of proof beyond a reasonable doubt and presumption of innocence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutor’s summation comments about defense tactics | Williams | Williams | No reversible error; not plain error |
| Prosecutor’s vouching/credibility references | Williams | Williams | Not plain error; not improper under context |
| Closing “not a search for reasonable doubt, a search for truth” statement | Williams | Williams | Improper but not reversible; plain error not shown given instructions and lack of objection |
| Standard of review and impact of errors | Williams | Williams | Plain error not established; overall fair trial found |
| Overall holding on prosecutorial misconduct | Williams | Williams | Judgment affirmed; no plain error affecting due process |
Key Cases Cited
- United States v. Gaskin, 364 F.3d 438 (2d Cir. 2004) (standard of review in evaluating evidence viewed in light of government’s case-in-chief)
- United States v. Farhane, 634 F.3d 127 (2d Cir. 2011) (heavy burden for prosecutorial misconduct in summations)
- United States v. Feliciano, 223 F.3d 102 (2d Cir. 2000) (contextual assessment of improper comments)
- United States v. Carr, 424 F.3d 213 (2d Cir. 2005) (due process consideration for prosecutorial misconduct)
- United States v. Shareef, 190 F.3d 71 (2d Cir. 1999) (standard for assessing prejudice from comments)
- United States v. Young, 470 U.S. 1 (1985) (prosecutorial comments and limits of reversal)
- United States v. Miller, 116 F.3d 641 (2d Cir. 1997) (rebuttal summation and assessment of impact)
- United States v. Shamsideen, 511 F.3d 340 (2d Cir. 2008) (noting limits of improper remarks and due process)
- United States v. Perez, 144 F.3d 204 (2d Cir. 1998) (no improper vouching where statements tied to trial evidence)
- United States v. R., 130 S. Ct. 2159 (2010) (Supreme Court on plain-error framework)
- United States v. Stewart, 590 F.3d 93 (2d Cir. 2009) (juror instruction and inference of compliance with instructions)