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Opinion
184 F.3d 1322 · Court of Appeals for the Eleventh Circuit · Aug 18, 1999
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Parentheticals
concluding that improper admission of evidence was not harmless given the 12 nature of the government’s case and additional prejudice created by misconduct by prosecutor in closing argument
holding that impeachment evidence of violent spousal abuse was excludable under Rule 403 because it was “particularly likely to incite a jury to an irrational decision” (quotation omitted)
holding evidentiary error prejudicial when the government's case rested in significant part on the inadmissible evidence
holding evidentiary error prejudicial when the government’s case rested in significant part on the inadmissible evidence
noting that spousal abuse is “particularly likely to incite the jury to an irrational decision [especially where the testimony and evidence were] graphic and arresting”
noting that domestic abuse is "particularly 'likely to incite a jury to an irrational decision' " (citation omitted)
explaining that a conviction will not be reversed if the error has no substantial influence on the outcome
finding it improper for the prosecutor to state that the wife would have echoed her husband’s trial testimony, where the wife was never called as a witness
stating we examine the record as a whole in assessing harmlessness, including the trial context of the error
discussing the harmless error standard in the context of erroneous evidentiary rulings
prosecution's use of improper evidence in closing argument can exacerbate potential prejudice caused by its unlawful admission
prosecution’s use of improper evidence in closing argument can exacerbate potential prejudice caused by its unlawful admission