Federal Defenders of New York Second Circuit Blog

Circuit considers several summation misconduct claims, affirms in summary orders

In two summary orders issued on the same day by the same panel (Cabranes, Bianco, and Merriam), the Second Circuit considered several different claims of prosecutorial misconduct. Ultimately, neither defendant prevailed, although for different reasons.  During the main summation and rebuttal of United States v. Saunders, No. 22-569 (2d Cir. May 3, 2023) (summary order), … Read more

“The Truth” Didn’t Set Him Free

United States v. Williams, No. 11-676-cr (2d Cir. July 16, 2012, amended August 15, 2012) (Sack, Livingston, Lynch, CJJ) At Malik Williams’ gun trial, the prosecutor, in rebuttal summation, said, “this is not a search for reasonable doubt, this is a search for truth.”  The circuit noted, and indeed the government conceded, that this statement … Read more