United States v. Sawyer

25 Citing cases

  1. Gillett v. State

    56 So. 3d 469 (Miss. 2011)   Cited 94 times
    Finding evidence that the defendant took the bodies to Kansas sufficient to support avoiding-arrest aggravator

    Gillett then lists in his brief the seven alleged violations, none of which he objected to at trial. Gillett argues that "[t]here are instances where the failure to contemporaneously object to a prosecutorial violation during forensic argument shall only focus further attention on the violation and, therefore, does not foreclose appellate review of the violation," citing United States v. Sawyer, 347 F.2d 372, 374 (4th Cir. 1965).Sawyer states:

  2. State v. Hayes

    364 So. 2d 923 (La. 1978)   Cited 55 times
    Holding that a defendant has a right to question the venire about their willingness to accept the defendant's right not to testify

    Nevertheless, State v. Lee, supra, contains some support for the defendant's position because we therein noted "that a prosecutor's prejudicial comments in closing argument may be considered by a federal court to violate federal due process guarantees even in the absence of a defense challenge or objection at trial. United States v. Briggs, supra ( 457 F.2d 908 (2d Cir. 1972)); United States v. Grunberger, 431 F.2d 1062 (2d Cir. 1970); United States v. Sawyer, 347 F.2d 372 (4th Cir. 1965)." 346 So.2d at 685.

  3. United States v. Cone

    714 F.3d 197 (4th Cir. 2013)   Cited 79 times   3 Legal Analyses
    Holding that merely stating that the emails were kept in the regular course of business is an insufficient foundation to admit them under the business records exception to hearsay

    We have long held that the failure to object to a prosecutor's statements made during closing arguments constitutes a waiver of that claim of error. See United States v. Sawyer, 347 F.2d 372, 374 (4th Cir.1965) (“[I]f defense counsel does not object during the course of the Government's closing argument he may be said to have waived the point.”). The mere fact that Zhao challenged, as a general matter, the “material alteration” theory presented by the government is insufficient to preserve the claim of error formulated by the dissent.

  4. United States v. Wilson

    149 F.3d 1298 (11th Cir. 1998)   Cited 80 times   1 Legal Analyses
    Finding no substantial prejudice based on prosecutor's closing argument in part because district court informed jury multiple times that lawyer argument is not evidence

    Nonetheless, we are mindful of a defense counsel's dilemma: Objections may also serve to draw unwanted and unnecessary attention to the prejudicial — albeit improper — conduct. See United States v. Garza, 608 F.2d 659, 666 (5th Cir. 1979) ("[W]hile defense counsel could and, indeed, should have objected to the first instances of improper comment by the prosecutor, at some point the transgressions of this prosecutor cumulated so greatly as to be incurable; then objection to these extremely prejudicial comments would serve only to focus the jury's attention on them."); United States v. Sawyer, 347 F.2d 372, 374 (4th Cir. 1965) ("While ordinarily, if defense counsel does not object [to misconduct] he may be said to have waived the point, there may be instances where the failure to object to a grave violation manifestly stems from the attorney's fear that an objection will only focus attention on an aspect of the case unfairly prejudicial to his client."); see also McKinney v. Estelle, 657 F.2d 740, 743 (5th Cir. 1981) ("continued improprieties on the part of the prosecution may, in some circumstances, excuse the defense of its duty to object"). In this case, while defense counsel may not have objected to each instance of misconduct he now challenges, we recognize that he did object to many of the instances of misconduct before us here.

  5. United States v. Bess

    593 F.2d 749 (6th Cir. 1979)   Cited 136 times
    Holding that prosecutor's misconduct constituted reversible error where the prosecutor stated "I believe beyond a reasonable doubt" that the defendant was guilty and the district court failed to give immediate curative admonishment

    United States v. Morris, 568 F.2d 396, 402 (5th Cir. 1978). See also United States v. Sawyer, 347 F.2d 372 (4th Cir. 1965). We reiterate that under many circumstances, this type of prosecutorial error will not be prejudicial.

  6. United States v. Freeman

    514 F.2d 1314 (D.C. Cir. 1975)   Cited 22 times
    Reversing conviction because, inter alia, police testimony recounting witness tip was hearsay and inadmissible to explain why police went to defendant's house

    United States v. Jones, supra note 23, at 754, quoting United States v. Young, 150 U.S.App.D.C. 98, 463 F.2d 934, 940 (1970). Failure to object in this context if not inadvertent, may be attributable to counsel's fear that an objection will only focus attention on the remarks which he wishes to have the jury ignore, see United States v. Sawyer, 347 F.2d 372, 374 (4th Cir. 1965), or that the jury will view an interruption as disruptive and dilatory. A rule requiring an objection might thus allow the prosecutor, through his own missteps, to put the defense between a rock and a hard place.

  7. United States v. Welebir

    498 F.2d 346 (4th Cir. 1974)   Cited 48 times
    In United States v. Welebir (4th Cir., 1974), 498 F.2d 346, the court in note 2, page 349, lays down the rule that the affiant can base his information on information supplied by fellow officers even if it is also based on hearsay.

    We do not conclude that the District Attorney's argument constitutes reversible error. See, United States v. Retolaza (4th Cir. 1968) 398 F.2d 235, cert. denied 393 U.S. 1032, 89 S.Ct. 646, 21 L.Ed.2d 576; United States v. Sawyer (4th Cir. 1965) 347 F.2d 372. Defendant's final contention is that he could not be convicted of both manufacturing and of possession with intent to distribute, "since `manufacture' embraces and includes possession."

  8. United States v. Wasko

    473 F.2d 1282 (7th Cir. 1973)   Cited 12 times
    Reversing conviction

    "(4) Assert his personal opinion . . . as to the guilt or innocence of an accused; . . ." Although it has been held that a personal opinion of guilt will not constitute reversible error if the speaker does not suggest that he has undisclosed facts at his disposal, see United States v. Sawyer, 347 F.2d 372, 373 (4th Cir. 1965), the statement here cannot be said to rest entirely upon the record before the jury. Nor can this case be brought within those holdings permitting a more lenient standard following a personal attack on opposing counsel.

  9. United States v. Grunberger

    431 F.2d 1062 (2d Cir. 1970)   Cited 84 times
    Holding that "it is understandable that a defense counsel may wish to avoid underscoring a prejudicial remark in the minds of the jury by drawing attention to it" through an objection

    That the remark was improper is beyond dispute. See Lawn v. United States, 355 U.S. 339, 359 n. 15, 78 S.Ct. 311, 2 L.Ed.2d 321 (1958); Gradsky v. United States, 373 F.2d 706, 710 (5 Cir. 1967); United States v. Sawyer, 347 F.2d 372, 373 (4 Cir. 1965); United States v. Johnson, 331 F.2d 281, 282 (2 Cir.), cert. denied, Pheribo v. United States, 379 U.S. 905, 85 S.Ct. 196, 13 L. Ed.2d 178 (1964); Thompson v. United States, 272 F.2d 919, 921 (5 Cir. 1959), cert. denied, 362 U.S. 940, 80 S.Ct. 805, 4 L.Ed.2d 769 (1960); Schmidt v. United States, 237 F.2d 542, 543 (8 Cir. 1956). While it is true that failure to object to like remarks has sometimes constituted a waiver of the point, e.g., Leary v. United States, 383 F.2d 851, 865 (5 Cir. 1967), rev'd on other grounds, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969) (issue waived by failure to object); United States v. Aadal, 368 F.2d 962, 965 (2 Cir. 1966), cert. denied, 386 U.S. 970, 87 S.Ct. 1161, 18 L.Ed.2d 130 (1967) (not reversible error absent objection); compare United States v. Sawyer, supra at 373-374 (failure to object not waiver if defendant unfairly prejudiced by improper argument), it is understandable that a defense counsel may wish to avoid underscoring a prejudicial re

  10. United States v. Elmore

    423 F.2d 775 (4th Cir. 1970)   Cited 42 times
    Explaining that Brady applies where "the government did not disclose exculpatory information in its possession either before or during trial"

    Finally, the prosecutor's several references to corruption rested on "a reasonable basis in the evidence," as Brawley's testimony, for example, indicated, and the government was entitled to make some reference to these matters since they related to the source of the unreported income. United States v. Sawyer, 347 F.2d 372, 374 n. 5 (4 Cir. 1965). IV